In the House of Representatives, U. S.,

March 10, 1995.

Resolved, That the bill from the Senate (S. 244) entitled ‘‘An Act to further the goals of the Paperwork Reduction

Act to have Federal agencies become more responsible and

publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Paperwork Reduction

3 Act of 1995’’.

4 SEC. 2. COORDINATION OF FEDERAL INFORMATION POL5 ICY.

6 Chapter 35 of title 44, United States Code, is amended

7 to read as follows:

8 ‘‘CHAPTER 35—COORDINATION OF

9 FEDERAL INFORMATION POLICY

‘‘Sec.

‘‘3501. Purposes.

‘‘3502. Definitions.

‘‘3503. Office of Information and Regulatory Affairs.

‘‘3504. Authority and functions of Director.

‘‘3505. Assignment of tasks and deadlines.

‘‘3506. Federal agency responsibilities.

‘‘3507. Public information collection activities; submission to Director; approval

and delegation.

‘‘3508. Determination of necessity for information; hearing.
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‘‘3509. Designation of central collection agency.

‘‘3510. Cooperation of agencies in making information available.

‘‘3511. Establishment and operation of Government Information Locator Service.

‘‘3512. Public protection.

‘‘3513. Director review of agency activities; reporting; agency response.

‘‘3514. Responsiveness to Congress.

‘‘3515. Administrative powers.

‘‘3516. Rules and regulations.

‘‘3517. Consultation with other agencies and the public.

‘‘3518. Effect on existing laws and regulations.

‘‘3519. Access to information.

‘‘3520. Authorization of appropriations.

1 ‘‘§ 3501. Purposes

2 ‘‘The purposes of this chapter are to—

3 ‘‘(1) minimize the paperwork burden for individ4 uals, small businesses, educational and nonprofit in5 stitutions, Federal contractors, State, local and tribal

6 governments, and other persons resulting from the col7 lection of information by or for the Federal Govern8 ment;

9 ‘‘(2) ensure the greatest possible public benefit

10 from and maximize the utility of information created,

11 collected, maintained, used, shared and disseminated

12 by or for the Federal Government;

13 ‘‘(3) coordinate, integrate, and to the extent

14 practicable and appropriate, make uniform Federal

15 information resources management policies and prac16 tices as a means to improve the productivity, effi17 ciency, and effectiveness of Government programs, in18 cluding the reduction of information collection bur19 dens on the public and the improvement of service de20 livery to the public;
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1 ‘‘(4) improve the quality and use of Federal in2 formation to strengthen decisionmaking, accountabil3 ity, and openness in Government and society;

4 ‘‘(5) minimize the cost to the Federal Govern5 ment of the creation, collection, maintenance, use, dis6 semination, and disposition of information;

7 ‘‘(6) strengthen the partnership between the Fed8 eral Government and State, local, and tribal govern9 ments by minimizing the burden and maximizing the

10 utility of information created, collected, maintained,

11 used, disseminated, and retained by or for the Federal

12 Government;

13 ‘‘(7) provide for the dissemination of public in14 formation on a timely basis, on equitable terms, and

15 in a manner that promotes the utility of the informa16 tion to the public and makes effective use of

17 information technology;

18 ‘‘(8) ensure that the creation, collection, mainte19 nance, use, dissemination, and disposition of infor20 mation by or for the Federal Government is consistent

21 with applicable laws, including laws relating to—

22 ‘‘(A) privacy and confidentiality, including

23 section 552a of title 5;
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1 ‘‘(B) security of information, including the

2 Computer Security Act of 1987 (Public Law

3 100–235); and

4 ‘‘(C) access to information, including sec5 tion 552 of title 5;

6 ‘‘(9) ensure the integrity, quality, and utility of

7 the Federal statistical system;

8 ‘‘(10) ensure that information technology is ac9 quired, used, and managed to improve performance of

10 agency missions, including the reduction of informa11 tion collection burdens on the public; and

12 ‘‘(11) improve the responsibility and account13 ability of the Office of Management and Budget and

14 all other Federal agencies to Congress and to the pub15 lic for implementing the information collection review

16 process, information resources management, and re17 lated policies and guidelines established under this

18 chapter.

19 ‘‘§ 3502. Definitions

20 ‘‘As used in this chapter—

21 ‘‘(1) the term ‘agency’ means any executive

22 department, military department, Government cor23 poration, Government controlled corporation, or other

24 establishment in the executive branch of the Govern25 ment (including the Executive Office of the
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1 President), or any independent regulatory agency, but

2 does not include—

3 ‘‘(A) the General Accounting Office;

4 ‘‘(B) Federal Election Commission;

5 ‘‘(C) the governments of the District of Co6 lumbia and of the territories and possessions of

7 the United States, and their various subdivi8 sions; or

9 ‘‘(D) Government-owned contractor-operated

10 facilities, including laboratories engaged in na11 tional defense research and production activities;

12 ‘‘(2) the term ‘burden’ means time, effort, or fi13 nancial resources expended by persons to generate,

14 maintain, or provide information to or for a Federal

15 agency, including the resources expended for—

16 ‘‘(A) reviewing instructions;

17 ‘‘(B) acquiring, installing, and utilizing

18 technology and systems;

19 ‘‘(C) adjusting the existing ways to comply

20 with any previously applicable instructions and

21 requirements;

22 ‘‘(D) searching data sources;

23 ‘‘(E) completing and reviewing the collec24 tion of information; and
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1 ‘‘(F) transmitting, or otherwise disclosing

2 the information;

3 ‘‘(3) the term ‘collection of information’ means

4 the obtaining, causing to be obtained, soliciting, or re5 quiring the disclosure to third parties or the public,

6 of facts or opinions by or for an agency, regardless

7 of form or format, calling for either—

8 ‘‘(A) answers to identical questions posed to,

9 or identical reporting or recordkeeping require10 ments imposed on, ten or more persons, other

11 than agencies, instrumentalities, or

12 employees of the United States; or

13 ‘‘(B) answers to questions posed to agencies,

14 instrumentalities, or employees of the United

15 States which are to be used for general statistical

16 purposes;

17 ‘‘(4) the term ‘Director’ means the Director of the

18 Office of Management and Budget;

19 ‘‘(5) the term ‘independent regulatory agency’

20 means the Board of Governors of the Federal Reserve

21 System, the Commodity Futures Trading Commis22 sion, the Consumer Product Safety Commission, the

23 Federal Communications Commission, the Federal

24 Deposit Insurance Corporation, the Federal Energy

25 Regulatory Commission, the Federal Housing Fi-
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1 nance Board, the Federal Maritime Commission, the

2 Federal Trade Commission, the Interstate Commerce

3 Commission, the Mine Enforcement Safety and

4 Health Review Commission, the National Labor Rela5 tions Board, the Nuclear Regulatory Commission, the

6 Occupational Safety and Health Review Commission,

7 the Postal Rate Commission, the Securities and Ex8 change Commission, and any other similar agency

9 designated by statute as a Federal independent regu10 latory agency or commission;

11 ‘‘(6) the term ‘information resources’ means in12 formation and related resources, such as personnel,

13 equipment, funds, and information technology;

14 ‘‘(7) the term ‘information resources manage15 ment’ means the process of managing information re16 sources to accomplish agency missions and to improve

17 agency performance, including through the reduction

18 of information collection burdens on the public;

19 ‘‘(8) the term ‘information system’ means a dis20 crete set of information resources and processes, auto21 mated or manual, organized for the collection, proc22 essing, maintenance, use, sharing, dissemination, or

23 disposition of information;

24 ‘‘(9) the term ‘information technology’ has the

25 same meaning as the term ‘automatic data processing
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1 equipment’ as defined by section 111(a)(2) of the Fed2 eral Property and Administrative Services Act of

3 1949 (40 U.S.C. 759(a)(2));

4 ‘‘(10) the term ‘person’ means an individual,

5 partnership, association, corporation, business trust,

6 or legal representative, an organized group of individ7 uals, a State, territorial, or local government or

8 branch thereof, or a political subdivision of a State,

9 territory, or local government or a branch of a politi10 cal subdivision;

11 ‘‘(11) the term ‘practical utility’ means the abil12 ity of an agency to use information, particularly the

13 capability to process such information in a timely

14 and useful fashion;

15 ‘‘(12) the term ‘public information’ means any

16 information, regardless of form or format, that an

17 agency discloses, disseminates, or makes available to

18 the public; and

19 ‘‘(13) the term ‘recordkeeping requirement’

20 means a requirement imposed by or for an agency on

21 persons to maintain specified records, including a re22 quirement to—

23 ‘‘(A) retain such records;

24 ‘‘(B) notify third parties or the public of the

25 existence of such records;
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1 ‘‘(C) disclose such records to third parties or

2 the public; or

3 ‘‘(D) report to third parties or the public

4 regarding such records.

5 ‘‘§ 3503. Office of Information and Regulatory Affairs

6 ‘‘(a) There is established in the Office of Management

7 and Budget an office to be known as the Office of Informa8 tion and Regulatory Affairs.

9 ‘‘(b) There shall be at the head of the Office an Admin10 istrator who shall be appointed by the President, by and

11 with the advice and consent of the Senate. The Director

12 shall delegate to the Administrator the authority to admin13 ister all functions under this chapter, except that any such

14 delegation shall not relieve the Director of responsibility for

15 the administration of such functions. The Administrator

16 shall serve as principal adviser to the Director on Federal

17 information resources management policy.

18 ‘‘§ 3504. Authority and functions of Director

19 ‘‘(a)(1) The Director shall—

20 ‘‘(A) develop, coordinate and oversee the imple21 mentation of Federal information resources manage22 ment policies, principles, standards, and guidelines;

23 and

24 ‘‘(B) provide direction and oversee—
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1 ‘‘(i) the review and approval of the collec2 tion of information and the reduction of the

3 information collection burden;

4 ‘‘(ii) agency dissemination of and public

5 access to information;

6 ‘‘(iii) statistical activities;

7 ‘‘(iv) records management activities;

8 ‘‘(v) privacy, confidentiality, security,

9 disclosure, and sharing of information; and

10 ‘‘(vi) the acquisition and use of information

11 technology.

12 ‘‘(2) The authority of the Director under this chapter

13 shall be exercised consistent with applicable law.

14 ‘‘(b) With respect to general information resources

15 management policy, the Director shall—

16 ‘‘(1) develop and oversee the implementation of

17 uniform information resources management policies,

18 principles, standards, and guidelines;

19 ‘‘(2) foster greater sharing, dissemination, and

20 access to public information, including through—

21 ‘‘(A) the use of the Government Information

22 Locator Service; and

23 ‘‘(B) the development and utilization of

24 common standards for information collection,

25 storage, processing and communication, includ-
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1 ing standards for security, interconnectivity and

2 interoperability;

3 ‘‘(3) initiate and review proposals for changes in

4 legislation, regulations, and agency procedures to im5 prove information resources management practices;

6 ‘‘(4) oversee the development and implementation

7 of best practices in information resources manage8 ment, including training; and

9 ‘‘(5) oversee agency integration of program and

10 management functions with information resources

11 management functions.

12 ‘‘(c) With respect to the collection of information and

13 the control of paperwork, the Director shall—

14 ‘‘(1) review and approve proposed agency collec15 tions of information;

16 ‘‘(2) coordinate the review of the collection of in17 formation associated with Federal procurement and

18 acquisition by the Office of Information and Regu19 latory Affairs with the Office of Federal Procurement

20 Policy, with particular emphasis on applying infor21 mation technology to improve the efficiency and effec22 tiveness of Federal procurement, acquisition, and

23 payment and to reduce information collection burdens

24 on the public;
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1 ‘‘(3) minimize the Federal information collection

2 burden, with particular emphasis on those individ3 uals and entities most adversely affected;

4 ‘‘(4) maximize the practical utility of and public

5 benefit from information collected by or for the

6 Federal Government;

7 ‘‘(5) establish and oversee standards and guide8 lines by which agencies are to estimate the burden to

9 comply with a proposed collection of information; and

10 ‘‘(6) place an emphasis on minimizing the bur11 den on small businesses with 50 or fewer employees.

12 ‘‘(d) With respect to information dissemination, the

13 Director shall develop and oversee the implementation of

14 policies, principles, standards, and guidelines to—

15 ‘‘(1) apply to Federal agency dissemination of

16 public information, regardless of the form or format

17 in which such information is disseminated; and

18 ‘‘(2) promote public access to public information

19 and fulfill the purposes of this chapter, including

20 through the effective use of information technology.

21 ‘‘(e) With respect to statistical policy and coordina22 tion, the Director shall—

23 ‘‘(1) coordinate the activities of the Federal sta24 tistical system to ensure—
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1 ‘‘(A) the efficiency and effectiveness of the

2 system; and

3 ‘‘(B) the integrity, objectivity, impartiality,

4 utility, and confidentiality of information col5 lected for statistical purposes;

6 ‘‘(2) ensure that budget proposals of agencies are

7 consistent with system-wide priorities for maintain8 ing and improving the quality of Federal statistics

9 and prepare an annual report on statistical program

10 funding;

11 ‘‘(3) develop and oversee the implementation of

12 Governmentwide policies, principles, standards, and

13 guidelines concerning—

14 ‘‘(A) statistical collection procedures and

15 methods;

16 ‘‘(B) statistical data classification;

17 ‘‘(C) statistical information presentation

18 and dissemination;

19 ‘‘(D) timely release of statistical data; and

20 ‘‘(E) such statistical data sources as may be

21 required for the administration of Federal pro22 grams;

23 ‘‘(4) evaluate statistical program performance

24 and agency compliance with Governmentwide poli25 cies, principles, standards and guidelines;
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1 ‘‘(5) promote the sharing of information collected

2 for statistical purposes consistent with privacy rights

3 and confidentiality pledges;

4 ‘‘(6) coordinate the participation of the United

5 States in international statistical activities, including

6 the development of comparable statistics;

7 ‘‘(7) appoint a chief statistician who is a trained

8 and experienced professional statistician to carry out

9 the functions described under this subsection;

10 ‘‘(8) establish an Interagency Council on Statis11 tical Policy to advise and assist the Director in car12 rying out the functions under this subsection that

13 shall—

14 ‘‘(A) be headed by the chief statistician; and

15 ‘‘(B) consist of—

16 ‘‘(i) the heads of the major statistical

17 programs; and

18 ‘‘(ii) representatives of other statistical

19 agencies under rotating membership; and

20 ‘‘(9) provide opportunities for training in statis21 tical policy functions to employees of the Federal Gov22 ernment under which—

23 ‘‘(A) each trainee shall be selected at the

24 discretion of the Director based on agency re25 quests and shall serve under the chief statistician
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1 for at least 6 months and not more than 1 year;

2 and

3 ‘‘(B) all costs of the training shall be paid

4 by the agency requesting training.

5 ‘‘(f) With respect to records management, the Director

6 shall—

7 ‘‘(1) provide advice and assistance to the Archi8 vist of the United States and the Administrator of

9 General Services to promote coordination in the ad10 ministration of chapters 29, 31, and 33 of this title

11 with the information resources management policies,

12 principles, standards, and guidelines established

13 under this chapter;

14 ‘‘(2) review compliance by agencies with—

15 ‘‘(A) the requirements of chapters 29, 31,

16 and 33 of this title; and

17 ‘‘(B) regulations promulgated by the Archi18 vist of the United States and the Administrator

19 of General Services; and

20 ‘‘(3) oversee the application of records manage21 ment policies, principles, standards, and guidelines,

22 including requirements for archiving information

23 maintained in electronic format, in the planning and

24 design of information systems.
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1 ‘‘(g) With respect to privacy and security, the Director

2 shall—

3 ‘‘(1) develop and oversee the implementation of

4 policies, principles, standards, and guidelines on pri5 vacy, confidentiality, security, disclosure and sharing

6 of information collected or maintained by or for agen7 cies;

8 ‘‘(2) oversee and coordinate compliance with sec9 tions 552 and 552a of title 5, the Computer Security

10 Act of 1987 (40 U.S.C. 759 note), and related infor11 mation management laws; and

12 ‘‘(3) require Federal agencies, consistent with the

13 Computer Security Act of 1987 (40 U.S.C. 759 note),

14 to identify and afford security protections commensu15 rate with the risk and magnitude of the harm result16 ing from the loss, misuse, or unauthorized access to

17 or modification of information collected or main18 tained by or on behalf of an agency.

19 ‘‘(h) With respect to Federal information technology,

20 the Director shall—

21 ‘‘(1) in consultation with the Director of the Na22 tional Institute of Standards and Technology and the

23 Administrator of General Services—

24 ‘‘(A) develop and oversee the implementa25 tion of policies, principles, standards, and guide-
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1 lines for information technology functions and

2 activities of the Federal Government, including

3 periodic evaluations of major information sys4 tems; and

5 ‘‘(B) oversee the development and imple6 mentation of standards under section 111(d) of

7 the Federal Property and Administrative Serv8 ices Act of 1949 (40 U.S.C. 759(d));

9 ‘‘(2) monitor the effectiveness of, and compliance

10 with, directives issued under sections 110 and 111 of

11 the Federal Property and Administrative Services Act

12 of 1949 (40 U.S.C. 757 and 759);

13 ‘‘(3) coordinate the development and review by

14 the Office of Information and Regulatory Affairs of

15 policy associated with Federal procurement and ac16 quisition of information technology with the Office of

17 Federal Procurement Policy;

18 ‘‘(4) ensure, through the review of agency budget

19 proposals, information resources management plans

20 and other means—

21 ‘‘(A) agency integration of information re22 sources management plans, program plans and

23 budgets for acquisition and use of information

24 technology; and
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1 ‘‘(B) the efficiency and effectiveness of inter2 agency information technology initiatives to im3 prove agency performance and the accomplish4 ment of agency missions; and

5 ‘‘(5) promote the use of information technology

6 by the Federal Government to improve the productiv7 ity, efficiency, and effectiveness of Federal programs,

8 including through dissemination of public informa9 tion and the reduction of information collection bur10 dens on the public.

11 ‘‘§ 3505. Assignment of tasks and deadlines

12 ‘‘(a) In carrying out the functions under this chapter,

13 the Director shall—

14 ‘‘(1) in consultation with agency heads, set an

15 annual Governmentwide goal for the reduction of in16 formation collection burdens by at least 10 percent,

17 and set annual agency goals to—

18 ‘‘(A) reduce information collection burdens

19 imposed on the public that—

20 ‘‘(i) represent the maximum prac21 ticable opportunity in each agency; and

22 ‘‘(ii) are consistent with improving

23 agency management of the process for the

24 review of collections of information estab25 lished under section 3506(c); and
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1 ‘‘(B) improve information resources man2 agement in ways that increase the productivity,

3 efficiency and effectiveness of Federal programs,

4 including service delivery to the public;

5 ‘‘(2) with selected agencies and non-Federal enti6 ties on a voluntary basis, initiate and conduct pilot

7 projects to test alternative policies, practices, regula8 tions, and procedures to fulfill the purposes of this

9 chapter, particularly with regard to minimizing the

10 Federal information collection burden; and

11 ‘‘(3) in consultation with the Administrator of

12 General Services, the Director of the National Insti13 tute of Standards and Technology, the Archivist of the

14 United States, and the Director of the Office of Per15 sonnel Management, develop and maintain a Govern16 mentwide strategic plan for information resources

17 management, that shall include—

18 ‘‘(A) a description of the objectives and the

19 means by which the Federal Government shall

20 apply information resources to improve agency

21 and program performance;

22 ‘‘(B) plans for—

23 ‘‘(i) reducing information burdens on

24 the public, including reducing such burdens

25 through the elimination of duplication and
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1 meeting shared data needs with shared re2 sources;

3 ‘‘(ii) enhancing public access to and

4 dissemination of, information, using elec5 tronic and other formats; and

6 ‘‘(iii) meeting the information tech7 nology needs of the Federal Government in

8 accordance with the purposes of this chap9 ter; and

10 ‘‘(C) a description of progress in applying

11 information resources management to improve

12 agency performance and the accomplishment of

13 missions.

14 ‘‘(b) For purposes of any pilot project conducted under

15 subsection (a)(2), the Director may waive the application

16 of any regulation or administrative directive issued by an

17 agency with which the project is conducted, including any

18 regulation or directive requiring a collection of information,

19 after giving timely notice to the public and the Congress

20 regarding the need for such waiver.

21 ‘‘§ 3506. Federal agency responsibilities

22 ‘‘(a)(1) The head of each agency shall be responsible

23 for—
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1 ‘‘(A) carrying out the agency’s information re2 sources management activities to improve agency pro3 ductivity, efficiency, and effectiveness; and

4 ‘‘(B) complying with the requirements of this

5 chapter and related policies established by the Direc6 tor.

7 ‘‘(2)(A) Except as provided under subparagraph (B),

8 the head of each agency shall designate a senior official who

9 shall report directly to such agency head to carry out the

10 responsibilities of the agency under this chapter.

11 ‘‘(B) The Secretary of the Department of Defense and

12 the Secretary of each military department may each des13 ignate a senior official who shall report directly to such

14 Secretary to carry out the responsibilities of the department

15 under this chapter. If more than one official is designated

16 for the military departments, the respective duties of the

17 officials shall be clearly delineated.

18 ‘‘(3) The senior official designated under paragraph

19 (2) shall head an office responsible for ensuring agency com20 pliance with and prompt, efficient, and effective implemen21 tation of the information policies and information resources

22 management responsibilities established under this chapter,

23 including the reduction of information collection burdens

24 on the public. The senior official and employees of such of25 fice shall be selected with special attention to the profes-
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1 sional qualifications required to administer the functions

2 described under this chapter.

3 ‘‘(4) Each agency program official shall be responsible

4 and accountable for information resources assigned to and

5 supporting the programs under such official. In consulta6 tion with the senior official designated under paragraph (2)

7 and the agency Chief Financial Officer (or comparable offi8 cial), each agency program official shall define program in9 formation needs and develop strategies, systems, and capa10 bilities to meet those needs.

11 ‘‘(b) With respect to general information resources

12 management, each agency shall—

13 ‘‘(1) manage information resources to—

14 ‘‘(A) reduce information collection burdens

15 on the public;

16 ‘‘(B) increase program efficiency and effec17 tiveness; and

18 ‘‘(C) improve the integrity, quality, and

19 utility of information to all users within and

20 outside the agency, including capabilities for en21 suring dissemination of public information, pub22 lic access to government information, and protec23 tions for privacy and security;

24 ‘‘(2) in accordance with guidance by the Direc25 tor, develop and maintain a strategic information re-
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1 sources management plan that shall describe how in2 formation resources management activities help ac3 complish agency missions;

4 ‘‘(3) develop and maintain an ongoing process

5 to—

6 ‘‘(A) ensure that information resources

7 management operations and decisions are inte8 grated with organizational planning, budget, fi9 nancial management, human resources manage10 ment, and program decisions;

11 ‘‘(B) in cooperation with the agency Chief

12 Financial Officer (or comparable official), de13 velop a full and accurate accounting of informa14 tion technology expenditures, related expenses,

15 and results; and

16 ‘‘(C) establish goals for improving informa17 tion resources management’s contribution to pro18 gram productivity, efficiency, and effectiveness,

19 methods for measuring progress towards those

20 goals, and clear roles and responsibilities for

21 achieving those goals;

22 ‘‘(4) in consultation with the Director, the Ad23 ministrator of General Services, and the Archivist of

24 the United States, maintain a current and complete

25 inventory of the agency’s information resources, in-
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1 cluding directories necessary to fulfill the require2 ments of section 3511 of this chapter; and

3 ‘‘(5) in consultation with the Director and the

4 Director of the Office of Personnel Management, con5 duct formal training programs to educate agency pro6 gram and management officials about information re7 sources management.

8 ‘‘(c) With respect to the collection of information and

9 the control of paperwork, each agency shall—

10 ‘‘(1) establish a process within the office headed

11 by the official designated under subsection (a), that is

12 sufficiently independent of program responsibility to

13 evaluate fairly whether proposed collections of infor14 mation should be approved under this chapter, to—

15 ‘‘(A) review each collection of information

16 before submission to the Director for review

17 under this chapter, including—

18 ‘‘(i) an evaluation of the need for the

19 collection of information;

20 ‘‘(ii) a functional description of the in21 formation to be collected;

22 ‘‘(iii) a plan for the collection of the

23 information;

24 ‘‘(iv) a specific, objectively supported

25 estimate of burden;
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1 ‘‘(v) a test of the collection of informa2 tion through a pilot program, if appro3 priate; and

4 ‘‘(vi) a plan for the efficient and effec5 tive management and use of the information

6 to be collected, including necessary re7 sources;

8 ‘‘(B) ensure that each information collec9 tion—

10 ‘‘(i) is inventoried, displays a control

11 number and, if appropriate, an expiration

12 date;

13 ‘‘(ii) indicates the collection is in ac14 cordance with the clearance requirements of

15 section 3507; and

16 ‘‘(iii) contains a statement to inform

17 the person receiving the collection of infor18 mation—

19 ‘‘(I) the reasons the information is

20 being collected;

21 ‘‘(II) the way such information is

22 to be used;

23 ‘‘(III) an estimate, to the extent

24 practicable, of the burden of the collec25 tion; and
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1 ‘‘(IV) whether responses to the col2 lection of information are voluntary,

3 required to obtain a benefit, or manda4 tory; and

5 ‘‘(C) assess the information collection bur6 den of proposed legislation affecting the agency;

7 ‘‘(2)(A) except for good cause or as provided

8 under subparagraph (B), provide 60-day notice in the

9 Federal Register, and otherwise consult with members

10 of the public and affected agencies concerning each

11 proposed collection of information, to solicit comment

12 to—

13 ‘‘(i) evaluate whether the proposed collection

14 of information is necessary for the proper per15 formance of the functions of the agency, includ16 ing whether the information shall have practical

17 utility;

18 ‘‘(ii) evaluate the accuracy of the agency’s

19 estimate of the burden of the proposed collection

20 of information;

21 ‘‘(iii) enhance the quality, utility, and clar22 ity of the information to be collected; and

23 ‘‘(iv) minimize the burden of the collection

24 of information on those who are to respond, in25 cluding through the use of automated collection
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1 techniques or other forms of information tech2 nology; and

3 ‘‘(B) for any proposed collection of information

4 contained in a proposed rule (to be reviewed by the

5 Director under section 3507(d)), provide notice and

6 comment through the notice of proposed rulemaking

7 for the proposed rule and such notice shall have the

8 same purposes specified under subparagraph (A) (i)

9 through (iv);

10 ‘‘(3) certify (and provide a record supporting

11 such certification, including public comments received

12 by the agency) that each collection of information

13 submitted to the Director for review under section

14 3507—

15 ‘‘(A) is necessary for the proper perform16 ance of the functions of the agency, including

17 that the information has practical utility;

18 ‘‘(B) is not unnecessarily duplicative of in19 formation otherwise reasonably accessible to the

20 agency;

21 ‘‘(C) reduces to the extent practicable and

22 appropriate the burden on persons who shall

23 provide information to or for the agency, includ24 ing with respect to small entities, as defined
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1 under section 601(6) of title 5, the use of such

2 techniques as—

3 ‘‘(i) establishing differing compliance

4 or reporting requirements or timetables that

5 take into account the resources available to

6 those who are to respond;

7 ‘‘(ii) the clarification, consolidation, or

8 simplification of compliance and reporting

9 requirements; or

10 ‘‘(iii) an exemption from coverage of

11 the collection of information, or any part

12 thereof;

13 ‘‘(D) is written using plain, coherent, and

14 unambiguous terminology and is understandable

15 to those who are to respond;

16 ‘‘(E) is to be implemented in ways consist17 ent and compatible, to the maximum extent

18 practicable, with the existing reporting and rec19 ordkeeping practices of those who are to respond;

20 ‘‘(F) indicates for each recordkeeping re21 quirement the length of time persons are required

22 to maintain the records specified;

23 ‘‘(G) contains the statement required under

24 paragraph (1)(B)(iii);
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1 ‘‘(H) has been developed by an office that

2 has planned and allocated resources for the effi3 cient and effective management and use of the

4 information to be collected, including the process5 ing of the information in a manner which shall

6 enhance, where appropriate, the utility of the in7 formation to agencies and the public;

8 ‘‘(I) uses effective and efficient statistical

9 survey methodology appropriate to the purpose

10 for which the information is to be collected; and

11 ‘‘(J) to the maximum extent practicable,

12 uses information technology to reduce burden

13 and improve data quality, agency efficiency and

14 responsiveness to the public; and

15 ‘‘(4) place an emphasis on minimizing the bur16 den on small businesses with 50 or fewer employees.

17 ‘‘(d) With respect to information dissemination, each

18 agency shall—

19 ‘‘(1) ensure that the public has timely, equal,

20 and equitable access to the agency’s public informa21 tion, including ensuring such access through—

22 ‘‘(A) encouraging a diversity of public and

23 private sources for information based on govern24 ment public information,
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1 ‘‘(B) in cases in which the agency provides

2 public information maintained in electronic for3 mat, providing timely, equal, and equitable ac4 cess to the underlying data (in whole or in part);

5 and

6 ‘‘(C) agency dissemination of public infor7 mation in an efficient, effective, and economical

8 manner;

9 ‘‘(2) regularly solicit and consider public input

10 on the agency’s information dissemination activities;

11 ‘‘(3) provide adequate notice when initiating,

12 substantially modifying, or terminating significant

13 information dissemination products; and

14 ‘‘(4) not, except where specifically authorized by

15 statute—

16 ‘‘(A) establish an exclusive, restricted, or

17 other distribution arrangement that interferes

18 with timely and equitable availability of public

19 information to the public;

20 ‘‘(B) restrict or regulate the use, resale, or

21 redissemination of public information by the

22 public;

23 ‘‘(C) charge fees or royalties for resale or

24 redissemination of public information; or
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1 ‘‘(D) establish user fees for public informa2 tion that exceed the cost of dissemination, except

3 that the Director may waive the application of

4 this subparagraph to an agency, if—

5 ‘‘(i) the head of the agency submits a

6 written request to the Director, publishes a

7 notice of the request in the Federal Register,

8 and provides a copy of the request to the

9 public upon request;

10 ‘‘(ii) the Director sets forth in writing

11 a statement of the scope, conditions, and

12 duration of the waiver and the reasons for

13 granting it, and makes such statement

14 available to the public upon request; and

15 ‘‘(iii) the granting of the waiver would

16 not materially impair the timely and equi17 table availability of public information to

18 the public.

19 ‘‘(e) With respect to statistical policy and coordina20 tion, each agency shall—

21 ‘‘(1) ensure the relevance, accuracy, timeliness,

22 integrity, and objectivity of information collected or

23 created for statistical purposes;
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1 ‘‘(2) inform respondents fully and accurately

2 about the sponsors, purposes, and uses of statistical

3 surveys and studies;

4 ‘‘(3) protect respondents’ privacy and ensure

5 that disclosure policies fully honor pledges of con6 fidentiality;

7 ‘‘(4) observe Federal standards and practices for

8 data collection, analysis, documentation, sharing, and

9 dissemination of information;

10 ‘‘(5) ensure the timely publication of the results

11 of statistical surveys and studies, including informa12 tion about the quality and limitations of the surveys

13 and studies; and

14 ‘‘(6) make data available to statistical agencies

15 and readily accessible to the public.

16 ‘‘(f) With respect to records management, each agency

17 shall implement and enforce applicable policies and proce18 dures, including requirements for archiving information

19 maintained in electronic format, particularly in the plan20 ning, design and operation of information systems.

21 ‘‘(g) With respect to privacy and security, each agency

22 shall—

23 ‘‘(1) implement and enforce applicable policies,

24 procedures, standards, and guidelines on privacy,

25 confidentiality, security, disclosure and sharing of in-
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1 formation collected or maintained by or for the agen2 cy;

3 ‘‘(2) assume responsibility and accountability for

4 compliance with and coordinated management of sec5 tions 552 and 552a of title 5, the Computer Security

6 Act of 1987 (40 U.S.C. 759 note), and related infor7 mation management laws; and

8 ‘‘(3) consistent with the Computer Security Act

9 of 1987 (40 U.S.C. 759 note), identify and afford se10 curity protections commensurate with the risk and

11 magnitude of the harm resulting from the loss, mis12 use, or unauthorized access to or modification of in13 formation collected or maintained by or on behalf of

14 an agency.

15 ‘‘(h) With respect to Federal information technology,

16 each agency shall—

17 ‘‘(1) implement and enforce applicable Govern18 mentwide and agency information technology man19 agement policies, principles, standards, and guide20 lines;

21 ‘‘(2) assume responsibility and accountability for

22 information technology investments;

23 ‘‘(3) promote the use of information technology

24 by the agency to improve the productivity, efficiency,

25 and effectiveness of agency programs, including the
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1 reduction of information collection burdens on the

2 public and improved dissemination of public infor3 mation;

4 ‘‘(4) propose changes in legislation, regulations,

5 and agency procedures to improve information tech6 nology practices, including changes that improve the

7 ability of the agency to use technology to reduce bur8 den; and

9 ‘‘(5) assume responsibility for maximizing the

10 value and assessing and managing the risks of major

11 information systems initiatives through a process that

12 is—

13 ‘‘(A) integrated with budget, financial, and

14 program management decisions; and

15 ‘‘(B) used to select, control, and evaluate the

16 results of major information systems initiatives.

17 ‘‘§ 3507. Public information collection activities; sub18 mission to Director; approval and delega19 tion

20 ‘‘(a) An agency shall not conduct or sponsor the collec21 tion of information unless in advance of the adoption or

22 revision of the collection of information—

23 ‘‘(1) the agency has—

24 ‘‘(A) conducted the review established under

25 section 3506(c)(1);
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1 ‘‘(B) evaluated the public comments received

2 under section 3506(c)(2);

3 ‘‘(C) submitted to the Director the certifi4 cation required under section 3506(c)(3), the

5 proposed collection of information, copies of per6 tinent statutory authority, regulations, and other

7 related materials as the Director may specify;

8 and

9 ‘‘(D) published a notice in the Federal Reg10 ister—

11 ‘‘(i) stating that the agency has made

12 such submission; and

13 ‘‘(ii) setting forth—

14 ‘‘(I) a title for the collection of in15 formation;

16 ‘‘(II) a summary of the collection

17 of information;

18 ‘‘(III) a brief description of the

19 need for the information and the pro20 posed use of the information;

21 ‘‘(IV) a description of the likely

22 respondents and proposed frequency of

23 response to the collection of informa24 tion;
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1 ‘‘(V) an estimate of the burden

2 that shall result from the collection of

3 information; and

4 ‘‘(VI) notice that comments may

5 be submitted to the agency and Direc6 tor;

7 ‘‘(2) the Director has approved the proposed col8 lection of information or approval has been inferred,

9 under the provisions of this section; and

10 ‘‘(3) the agency has obtained from the Director

11 a control number to be displayed upon the collection

12 of information.

13 ‘‘(b) The Director shall provide at least 30 days for

14 public comment prior to making a decision under sub15 section (c), (d), or (h), except for good cause or as provided

16 under subsection (j).

17 ‘‘(c)(1) For any proposed collection of information not

18 contained in a proposed rule, the Director shall notify the

19 agency involved of the decision to approve or disapprove

20 the proposed collection of information.

21 ‘‘(2) The Director shall provide the notification under

22 paragraph (1), within 60 days after receipt or publication

23 of the notice under subsection (a)(1)(D), whichever is later.
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1 ‘‘(3) If the Director does not notify the agency of a

2 denial or approval within the 60-day period described

3 under paragraph (2)—

4 ‘‘(A) the approval may be inferred;

5 ‘‘(B) a control number shall be assigned without

6 further delay; and

7 ‘‘(C) the agency may collect the information for

8 not more than 1 year.

9 ‘‘(d)(1) For any proposed collection of information

10 contained in a proposed rule—

11 ‘‘(A) as soon as practicable, but no later than the

12 date of publication of a notice of proposed rulemaking

13 in the Federal Register, each agency shall forward to

14 the Director a copy of any proposed rule which con15 tains a collection of information and any information

16 requested by the Director necessary to make the deter17 mination required under this subsection; and

18 ‘‘(B) within 60 days after the notice of proposed

19 rulemaking is published in the Federal Register, the

20 Director may file public comments pursuant to the

21 standards set forth in section 3508 on the collection

22 of information contained in the proposed rule.

23 ‘‘(2) When a final rule is published in the Federal Reg24 ister, the agency shall explain—
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1 ‘‘(A) how any collection of information contained

2 in the final rule responds to the comments, if any,

3 filed by the Director or the public; or

4 ‘‘(B) the reasons such comments were rejected.

5 ‘‘(3) If the Director has received notice and failed to

6 comment on an agency rule within 60 days after the notice

7 of proposed rulemaking, the Director may not disapprove

8 any collection of information specifically contained in an

9 agency rule.

10 ‘‘(4) No provision in this section shall be construed to

11 prevent the Director, in the Director’s discretion—

12 ‘‘(A) from disapproving any collection of infor13 mation which was not specifically required by an

14 agency rule;

15 ‘‘(B) from disapproving any collection of infor16 mation contained in an agency rule, if the agency

17 failed to comply with the requirements of paragraph

18 (1) of this subsection;

19 ‘‘(C) from disapproving any collection of infor20 mation contained in a final agency rule, if the Direc21 tor finds within 60 days after the publication of the

22 final rule, and after considering the agency’s response

23 to the Director’s comments filed under paragraph (2),

24 that the collection of information cannot be approved

25 under the standards set forth in section 3508; or
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1 ‘‘(D) from disapproving any collection of infor2 mation contained in a final rule, if—

3 ‘‘(i) the Director determines that the agency

4 has substantially modified in the final rule the

5 collection of information contained in the pro6 posed rule; and

7 ‘‘(ii) the agency has not given the Director

8 the information required under paragraph (1)

9 with respect to the modified collection of infor10 mation, at least 60 days before the issuance of

11 the final rule.

12 ‘‘(5) This subsection shall apply only when an agency

13 publishes a notice of proposed rulemaking and requests pub14 lic comments.

15 ‘‘(6) The decision by the Director to approve or not

16 act upon a collection of information contained in an agency

17 rule shall not be subject to judicial review.

18 ‘‘(e)(1) Any decision by the Director under subsection

19 (c), (d), (h), or (j) to disapprove a collection of information,

20 or to instruct the agency to make substantive or material

21 change to a collection of information, shall be publicly

22 available and include an explanation of the reasons for such

23 decision.

24 ‘‘(2) Any written communication between the Admin25 istrator of the Office of Information and Regulatory Affairs,
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1 or any employee of the Office of Information and Regu2 latory Affairs, and an agency or person not employed by

3 the Federal Government concerning a proposed collection

4 of information shall be made available to the public.

5 ‘‘(3) This subsection shall not require the disclosure

6 of—

7 ‘‘(A) any information which is protected at all

8 times by procedures established for information which

9 has been specifically authorized under criteria estab10 lished by an Executive order or an Act of Congress

11 to be kept secret in the interest of national defense

12 or foreign policy; or

13 ‘‘(B) any communication relating to a collection

14 of information, the disclosure of which could lead to

15 retaliation or discrimination against the communica16 tor.

17 ‘‘(f)(1) An independent regulatory agency which is ad18 ministered by 2 or more members of a commission, board,

19 or similar body, may by majority vote void—

20 ‘‘(A) any disapproval by the Director, in whole

21 or in part, of a proposed collection of information

22 that agency; or

23 ‘‘(B) an exercise of authority under subsection

24 (d) of section 3507 concerning that agency.
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1 ‘‘(2) The agency shall certify each vote to void such

2 disapproval or exercise to the Director, and explain the rea3 sons for such vote. The Director shall without further delay

4 assign a control number to such collection of information,

5 and such vote to void the disapproval or exercise shall be

6 valid for a period of 3 years.

7 ‘‘(g) The Director may not approve a collection of in8 formation for a period in excess of 3 years.

9 ‘‘(h)(1) If an agency decides to seek extension of the

10 Director’s approval granted for a currently approved collec11 tion of information, the agency shall—

12 ‘‘(A) conduct the review established under section

13 3506(c), including the seeking of comment from the

14 public on the continued need for, and burden imposed

15 by the collection of information; and

16 ‘‘(B) after having made a reasonable effort to

17 seek public comment, but no later than 60 days before

18 the expiration date of the control number assigned by

19 the Director for the currently approved collection of

20 information, submit the collection of information for

21 review and approval under this section, which shall

22 include an explanation of how the agency has used

23 the information that it has collected.

24 ‘‘(2) If under the provisions of this section, the Director

25 disapproves a collection of information contained in an ex-
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1 isting rule, or recommends or instructs the agency to make

2 a substantive or material change to a collection of informa3 tion contained in an existing rule, the Director shall—

4 ‘‘(A) publish an explanation thereof in the Fed5 eral Register; and

6 ‘‘(B) instruct the agency to undertake a rule7 making within a reasonable time limited to consider8 ation of changes to the collection of information con9 tained in the rule and thereafter to submit the collec10 tion of information for approval or disapproval under

11 this chapter.

12 ‘‘(3) An agency may not make a substantive or mate13 rial modification to a collection of information after such

14 collection has been approved by the Director, unless the

15 modification has been submitted to the Director for review

16 and approval under this chapter.

17 ‘‘(i)(1) If the Director finds that a senior official of

18 an agency designated under section 3506(a) is sufficiently

19 independent of program responsibility to evaluate fairly

20 whether proposed collections of information should be ap21 proved and has sufficient resources to carry out this respon22 sibility effectively, the Director may, by rule in accordance

23 with the notice and comment provisions of chapter 5 of title

24 5, United States Code, delegate to such official the authority

25 to approve proposed collections of information in specific
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1 program areas, for specific purposes, or for all agency pur2 poses.

3 ‘‘(2) A delegation by the Director under this section

4 shall not preclude the Director from reviewing individual

5 collections of information if the Director determines that

6 circumstances warrant such a review. The Director shall

7 retain authority to revoke such delegations, both in general

8 and with regard to any specific matter. In acting for the

9 Director, any official to whom approval authority has been

10 delegated under this section shall comply fully with the

11 rules and regulations promulgated by the Director.

12 ‘‘(j)(1) The agency head may request the Director to

13 authorize collection of information prior to expiration of

14 time periods established under this chapter, if an agency

15 head determines that—

16 ‘‘(A) a collection of information—

17 ‘‘(i) is needed prior to the expiration of

18 such time periods; and

19 ‘‘(ii) is essential to the mission of the agen20 cy; and

21 ‘‘(B) the agency cannot reasonably comply with

22 the provisions of this chapter within such time peri23 ods because—
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1 ‘‘(i) public harm is reasonably likely to re2 sult if normal clearance procedures are followed;

3 or

4 ‘‘(ii) an unanticipated event has occurred

5 and the use of normal clearance procedures is

6 reasonably likely to prevent or disrupt the collec7 tion of information related to the event or is rea8 sonably likely to cause a statutory or court-or9 dered deadline to be missed.

10 ‘‘(2) The Director shall approve or disapprove any

11 such authorization request within the time requested by the

12 agency head and, if approved, shall assign the collection

13 of information a control number. Any collection of informa14 tion conducted under this subsection may be conducted

15 without compliance with the provisions of this chapter for

16 a maximum of 90 days after the date on which the Director

17 received the request to authorize such collection.

18 ‘‘§ 3508. Determination of necessity for information;

19 hearing

20 ‘‘Before approving a proposed collection of informa21 tion, the Director shall determine whether the collection of

22 information by the agency is necessary for the proper per23 formance of the functions of the agency, including whether

24 the information shall have practical utility. Before making

25 a determination the Director may give the agency and other
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1 interested persons an opportunity to be heard or to submit

2 statements in writing. To the extent, if any, that the Direc3 tor determines that the collection of information by an

4 agency is unnecessary for any reason, the agency may not

5 engage in the collection of information.

6 ‘‘§ 3509. Designation of central collection agency

7 ‘‘The Director may designate a central collection agen8 cy to obtain information for two or more agencies if the

9 Director determines that the needs of such agencies for in10 formation will be adequately served by a single collection

11 agency, and such sharing of data is not inconsistent with

12 applicable law. In such cases the Director shall prescribe

13 (with reference to the collection of information) the duties

14 and functions of the collection agency so designated and of

15 the agencies for which it is to act as agent (including reim16 bursement for costs). While the designation is in effect, an

17 agency covered by the designation may not obtain for itself

18 information for the agency which is the duty of the collec19 tion agency to obtain. The Director may modify the des20 ignation from time to time as circumstances require. The

21 authority to designate under this section is subject to the

22 provisions of section 3507(f) of this chapter.
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1 ‘‘§ 3510. Cooperation of agencies in making informa2 tion available

3 ‘‘(a) The Director may direct an agency to make avail4 able to another agency, or an agency may make available

5 to another agency, information obtained by a collection of

6 information if the disclosure is not inconsistent with appli7 cable law.

8 ‘‘(b)(1) If information obtained by an agency is re9 leased by that agency to another agency, all the provisions

10 of law (including penalties which relate to the unlawful dis11 closure of information) apply to the officers and employees

12 of the agency to which information is released to the same

13 extent and in the same manner as the provisions apply to

14 the officers and employees of the agency which originally

15 obtained the information.

16 ‘‘(2) The officers and employees of the agency to which

17 the information is released, in addition, shall be subject to

18 the same provisions of law, including penalties, relating to

19 the unlawful disclosure of information as if the information

20 had been collected directly by that agency.

21 ‘‘§ 3511. Establishment and operation of Government

22 Information Locator Service

23 ‘‘In order to assist agencies and the public in locating

24 information and to promote information sharing and equi25 table access by the public, the Director shall—
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1 ‘‘(1) cause to be established and maintained a

2 distributed agency-based electronic Government Infor3 mation Locator Service (hereafter in this section re4 ferred to as the ‘Service’), which shall identify the

5 major information systems, holdings, and dissemina6 tion products of each agency;

7 ‘‘(2) require each agency to establish and main8 tain an agency information locator service as a com9 ponent of, and to support the establishment and oper10 ation of the Service;

11 ‘‘(3) in cooperation with the Archivist of the

12 United States, the Administrator of General Services,

13 the Public Printer, and the Librarian of Congress, es14 tablish an interagency committee to advise the Sec15 retary of Commerce on the development of technical

16 standards for the Service to ensure compatibility, pro17 mote information sharing, and uniform access by the

18 public;

19 ‘‘(4) consider public access and other user needs

20 in the establishment and operation of the Service;

21 ‘‘(5) ensure the security and integrity of the

22 Service, including measures to ensure that only infor23 mation which is intended to be disclosed to the public

24 is disclosed through the Service; and
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1 ‘‘(6) periodically review the development and ef2 fectiveness of the Service and make recommendations

3 for improvement, including other mechanisms for im4 proving public access to Federal agency public infor5 mation.

6 ‘‘§ 3512. Public protection

7 ‘‘(a) Notwithstanding any other provision of law, no

8 person shall be subject to any penalty for failing to main9 tain or provide information to any agency if the collection

10 of information involved was made after December 31, 1981,

11 and at the time of the failure did not display a current

12 control number assigned by the Director, or fails to state

13 that such request is not subject to this chapter.

14 ‘‘(b) Actions taken by agencies which are not in com15 pliance with subsection (a) of this section shall give rise

16 to a complete defense or bar to such action by an agency,

17 which may be raised at any time during the agency deci18 sion making process or judicial review of the agency deci19 sion under any available process for judicial review.

20 ‘‘§ 3513. Director review of agency activities; report21 ing; agency response

22 ‘‘(a) In consultation with the Administrator of General

23 Services, the Archivist of the United States, the Director

24 of the National Institute of Standards and Technology, and

25 the Director of the Office of Personnel Management, the Di-
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1 rector shall periodically review selected agency information

2 resources management activities to ascertain the efficiency

3 and effectiveness of such activities to improve agency per4 formance and the accomplishment of agency missions.

5 ‘‘(b) Each agency having an activity reviewed under

6 subsection (a) shall, within 60 days after receipt of a report

7 on the review, provide a written plan to the Director de8 scribing steps (including milestones) to—

9 ‘‘(1) be taken to address information resources

10 management problems identified in the report; and

11 ‘‘(2) improve agency performance and the accom12 plishment of agency missions.

13 ‘‘§ 3514. Responsiveness to Congress

14 ‘‘(a)(1) The Director shall—

15 ‘‘(A) keep the Congress and congressional com16 mittees fully and currently informed of the major ac17 tivities under this chapter; and

18 ‘‘(B) submit a report on such activities to the

19 President of the Senate and the Speaker of the House

20 of Representatives annually and at such other times

21 as the Director determines necessary.

22 ‘‘(2) The Director shall include in any such report a

23 description of the extent to which agencies have—

24 ‘‘(A) reduced information collection burdens on

25 the public, including—
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1 ‘‘(i) a summary of accomplishments and

2 planned initiatives to reduce collection of infor3 mation burdens;

4 ‘‘(ii) a list of all violations of this chapter

5 and of any rules, guidelines, policies, and proce6 dures issued pursuant to this chapter;

7 ‘‘(iii) a list of any increase in the collection

8 of information burden, including the authority

9 for each such collection; and

10 ‘‘(iv) a list of agencies that in the preceding

11 year did not reduce information collection bur12 dens by at least 10 percent pursuant to section

13 3505, a list of the programs and statutory re14 sponsibilities of those agencies that precluded

15 that reduction, and recommendations to assist

16 those agencies to reduce information collection

17 burdens in accordance with that section;

18 ‘‘(B) improved the quality and utility of statis19 tical information;

20 ‘‘(C) improved public access to Government in21 formation; and

22 ‘‘(D) improved program performance and the ac23 complishment of agency missions through information

24 resources management.
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1 ‘‘(b) The preparation of any report required by this

2 section shall be based on performance results reported by

3 the agencies and shall not increase the collection of informa4 tion burden on persons outside the Federal Government.

5 ‘‘§ 3515. Administrative powers

6 ‘‘Upon the request of the Director, each agency (other

7 than an independent regulatory agency) shall, to the extent

8 practicable, make its services, personnel, and facilities

9 available to the Director for the performance of functions

10 under this chapter.

11 ‘‘§ 3516. Rules and regulations

12 ‘‘The Director shall promulgate rules, regulations, or

13 procedures necessary to exercise the authority provided by

14 this chapter.

15 ‘‘§ 3517. Consultation with other agencies and the

16 public

17 ‘‘(a) In developing information resources management

18 policies, plans, rules, regulations, procedures, and guide19 lines and in reviewing collections of information, the Direc20 tor shall provide interested agencies and persons early and

21 meaningful opportunity to comment.

22 ‘‘(b) Any person may request the Director to review

23 any collection of information conducted by or for an agency

24 to determine, if, under this chapter, the person shall main25 tain, provide, or disclose the information to or for the agen-
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1 cy. Unless the request is frivolous, the Director shall, in co2 ordination with the agency responsible for the collection of

3 information—

4 ‘‘(1) respond to the request within 60 days after

5 receiving the request, unless such period is extended

6 by the Director to a specified date and the person

7 making the request is given notice of such extension;

8 and

9 ‘‘(2) take appropriate remedial action, if nec10 essary.

11 ‘‘§ 3518. Effect on existing laws and regulations

12 ‘‘(a) Except as otherwise provided in this chapter, the

13 authority of an agency under any other law to prescribe

14 policies, rules, regulations, and procedures for Federal in15 formation resources management activities is subject to the

16 authority of the Director under this chapter.

17 ‘‘(b) Nothing in this chapter shall be deemed to affect

18 or reduce the authority of the Secretary of Commerce or

19 the Director of the Office of Management and Budget pursu20 ant to Reorganization Plan No. 1 of 1977 (as amended)

21 and Executive order, relating to telecommunications and

22 information policy, procurement and management of tele23 communications and information systems, spectrum use,

24 and related matters.
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1 ‘‘(c)(1) Except as provided in paragraph (2), this

2 chapter shall not apply to obtaining, causing to be obtained,

3 soliciting, or requiring the disclosure to third parties or the

4 public, of facts or opinions—

5 ‘‘(A) during the conduct of a Federal criminal

6 investigation or prosecution, or during the disposition

7 of a particular criminal matter;

8 ‘‘(B) during the conduct of—

9 ‘‘(i) a civil action to which the United

10 States or any official or agency thereof is a

11 party; or

12 ‘‘(ii) an administrative action or investiga13 tion involving an agency against specific indi14 viduals or entities;

15 ‘‘(C) by compulsory process pursuant to the

16 Antitrust Civil Process Act and section 13 of the Fed17 eral Trade Commission Improvements Act of 1980; or

18 ‘‘(D) during the conduct of intelligence activities

19 as defined in section 4–206 of Executive Order No.

20 12036, issued January 24, 1978, or successor orders,

21 or during the conduct of cryptologic activities that

22 are communications security activities.

23 ‘‘(2) This chapter applies to obtaining, causing to be

24 obtained, soliciting, or requiring the disclosure to third par25 ties or the public, of facts or opinions during the conduct
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1 of general investigations (other than information collected

2 in an antitrust investigation to the extent provided in sub3 paragraph (C) of paragraph (1)) undertaken with reference

4 to a category of individuals or entities such as a class of

5 licensees or an entire industry.

6 ‘‘(d) Nothing in this chapter shall be interpreted as

7 increasing or decreasing the authority conferred by Public

8 Law 89–306 on the Administrator of the General Services

9 Administration, the Secretary of Commerce, or the Director

10 of the Office of Management and Budget.

11 ‘‘(e) Nothing in this chapter shall be interpreted as in12 creasing or decreasing the authority of the President, the

13 Office of Management and Budget or the Director thereof,

14 under the laws of the United States, with respect to the sub15 stantive policies and programs of departments, agencies

16 and offices, including the substantive authority of any Fed17 eral agency to enforce the civil rights laws.

18 ‘‘§ 3519. Access to information

19 ‘‘Under the conditions and procedures prescribed in

20 section 716 of title 31, the Director and personnel in the

21 Office of Information and Regulatory Affairs shall furnish

22 such information as the Comptroller General may require

23 for the discharge of the responsibilities of the Comptroller

24 General. For the purpose of obtaining such information, the

25 Comptroller General or representatives thereof shall have
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1 access to all books, documents, papers and records, regard2 less of form or format, of the Office.

3 ‘‘§ 3520. Authorization of appropriations

4 ‘‘There are authorized to be appropriated to the Office

5 of Information and Regulatory Affairs to carry out the pro6 visions of this chapter such sums as may be necessary.’’.

7 SEC. 3. EFFECTIVE DATE.

8 The amendments made by this Act shall take effect Oc9 tober 1, 1995.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION S. 244

AMENDMENT