S. 244

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

1995’’.

SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.

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

read as follows:

‘‘CHAPTER 35—COORDINATION OF FEDERAL

INFORMATION POLICY

‘‘Sec.

‘‘3501. Purposes.

‘‘3502. Definitions.

‘‘3503. Office of Information and Regulatory Affairs. ‘‘3504. Authority and functions of Director. ‘‘3505. Assignment of tasks and deadlines. ‘‘3506. Federal agency responsibilities. ‘‘3507. Public information collection activities; submission to Director; approval and

delegation. ‘‘3508. Determination of necessity for information; hearing. ‘‘3509. Designation of central collection agency. ‘‘3510. Cooperation of agencies in making information available. ‘‘3511. Establishment and operation of Government Information Locator Service.

‘‘3512. Public protection.

‘‘3513. Director review of agency activities; reporting; agency response. ‘‘3514. Responsiveness to Congress. ‘‘3515. Administrative powers.

‘‘3516. Rules and regulations. ‘‘3517. Consultation with other agencies and the public. ‘‘3518. Effect on existing laws and regulations. ‘‘3519. Access to information.

‘‘3520. Authorization of appropriations.

‘‘§ 3501. Purposes

‘‘The purposes of this chapter are to—

‘‘(1) minimize the paperwork burden for individuals, small

businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons

resulting from the collection of information by or for the Federal

Government;

‘‘(2) ensure the greatest possible public benefit from and

maximize the utility of information created, collected, main-
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tained, used, shared and disseminated by or for the Federal

Government;

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

and appropriate, make uniform Federal information resources

management policies and practices as a means to improve

the productivity, efficiency, and effectiveness of Government

programs, including the reduction of information collection burdens on the public and the improvement of service delivery

to the public;

‘‘(4) improve the quality and use of Federal information

to strengthen decisionmaking, accountability, and openness in

Government and society;

‘‘(5) minimize the cost to the Federal Government of the

creation, collection, maintenance, use, dissemination, and disposition of information;

‘‘(6) strengthen the partnership between the Federal

Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information

created, collected, maintained, used, disseminated, and retained

by or for the Federal Government;

‘‘(7) provide for the dissemination of public information

on a timely basis, on equitable terms, and in a manner that

promotes the utility of the information to the public and makes

effective use of information technology;

‘‘(8) ensure that the creation, collection, maintenance, use,

dissemination, and disposition of information by or for the

Federal Government is consistent with applicable laws, including laws relating to— ‘‘(A) privacy and confidentiality, including section 552a

of title 5;

‘‘(B) security of information, including the Computer Security Act of 1987 (Public Law 100–235); and ‘‘(C) access to information, including section 552 of

title 5;

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

statistical system; ‘‘(10) ensure that information technology is acquired, used,

and managed to improve performance of agency missions,

including the reduction of information collection burdens on

the public; and

‘‘(11) improve the responsibility and accountability of the

Office of Management and Budget and all other Federal agencies to Congress and to the public for implementing the information collection review process, information resources management, and related policies and guidelines established under

this chapter.

‘‘§ 3502. Definitions

‘‘As used in this chapter—

‘‘(1) the term ‘agency’ means any executive department,

military department, Government corporation, Government controlled corporation, or other establishment in the executive

branch of the Government (including the Executive Office of

the President), or any independent regulatory agency, but does

not include—

‘‘(A) the General Accounting Office;

‘‘(B) Federal Election Commission;
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‘‘(C) the governments of the District of Columbia and

of the territories and possessions of the United States,

and their various subdivisions; or

‘‘(D) Government-owned contractor-operated facilities,

including laboratories engaged in national defense research

and production activities;

‘‘(2) the term ‘burden’ means time, effort, or financial

resources expended by persons to generate, maintain, or provide

information to or for a Federal agency, including the resources

expended for—

‘‘(A) reviewing instructions;

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

systems;

‘‘(C) adjusting the existing ways to comply with any

previously applicable instructions and requirements;

‘‘(D) searching data sources;

‘‘(E) completing and reviewing the collection of information; and

‘‘(F) transmitting, or otherwise disclosing the information;

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

‘‘(A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the

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

of form or format, calling for either—

‘‘(i) answers to identical questions posed to, or

identical reporting or recordkeeping requirements

imposed on, ten or more persons, other than agencies,

instrumentalities, or employees of the United States;

or

‘‘(ii) answers to questions posed to agencies,

instrumentalities, or employees of the United States

which are to be used for general statistical purposes;

and

‘‘(B) shall not include a collection of information

described under section 3518(c)(1);

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

of Management and Budget;

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

Board of Governors of the Federal Reserve System, the

Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal

Energy Regulatory Commission, the Federal Housing Finance

Board, the Federal Maritime Commission, the Federal Trade

Commission, the Interstate Commerce Commission, the Mine

Enforcement Safety and Health Review Commission, the

National Labor Relations Board, the Nuclear Regulatory

Commission, the Occupational Safety and Health Review

Commission, the Postal Rate Commission, the Securities and

Exchange Commission, and any other similar agency designated

by statute as a Federal independent regulatory agency or

commission;

‘‘(6) the term ‘information resources’ means information

and related resources, such as personnel, equipment, funds,

and information technology;
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‘‘(7) the term ‘information resources management’ means

the process of managing information resources to accomplish

agency missions and to improve agency performance, including

through the reduction of information collection burdens on the

public;

‘‘(8) the term ‘information system’ means a discrete set

of information resources organized for the collection, processing,

maintenance, use, sharing, dissemination, or disposition of

information;

‘‘(9) the term ‘information technology’ has the same meaning as the term ‘automatic data processing equipment’ as

defined by section 111(a) (2) and (3)(C) (i) through (v) of the

Federal Property and Administrative Services Act of 1949 (40

U.S.C. 759(a) (2) and (3)(C) (i) through (v));

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

association, corporation, business trust, or legal representative,

an organized group of individuals, a State, territorial, tribal,

or local government or branch thereof, or a political subdivision

of a State, territory, tribal, or local government or a branch

of a political subdivision;

‘‘(11) the term ‘practical utility’ means the ability of an

agency to use information, particularly the capability to process

such information in a timely and useful fashion;

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

regardless of form or format, that an agency discloses, disseminates, or makes available to the public;

‘‘(13) the term ‘recordkeeping requirement’ means a

requirement imposed by or for an agency on persons to maintain

specified records, including a requirement to—

‘‘(A) retain such records;

‘‘(B) notify third parties, the Federal Government, or

the public of the existence of such records;

‘‘(C) disclose such records to third parties, the Federal

Government, or the public; or

‘‘(D) report to third parties, the Federal Government,

or the public regarding such records; and

‘‘(14) the term ‘penalty’ includes the imposition by an

agency or court of a fine or other punishment; a judgment

for monetary damages or equitable relief; or the revocation,

suspension, reduction, or denial of a license, privilege, right,

grant, or benefit.

‘‘§ 3503. Office of Information and Regulatory Affairs

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

Budget an office to be known as the Office of Information and

Regulatory Affairs.

‘‘(b) There shall be at the head of the Office an Administrator

who shall be appointed by the President, by and with the advice

and consent of the Senate. The Director shall delegate to the

Administrator the authority to administer all functions under this

chapter, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. The

Administrator shall serve as principal adviser to the Director on

Federal information resources management policy.
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‘‘§ 3504. Authority and functions of Director

‘‘(a)(1) The Director shall oversee the use of information

resources to improve the efficiency and effectiveness of governmental operations to serve agency missions, including burden reduction and service delivery to the public. In performing such oversight,

the Director shall—

‘‘(A) develop, coordinate and oversee the implementation

of Federal information resources management policies, principles, standards, and guidelines; and ‘‘(B) provide direction and oversee— ‘‘(i) the review and approval of the collection of information and the reduction of the information collection burden;

‘‘(ii) agency dissemination of and public access to information;

‘‘(iii) statistical activities;

‘‘(iv) records management activities;

‘‘(v) privacy, confidentiality, security, disclosure, and sharing of information; and ‘‘(vi) the acquisition and use of information technology. ‘‘(2) The authority of the Director under this chapter shall be exercised consistent with applicable law. ‘‘(b) With respect to general information resources management policy, the Director shall— ‘‘(1) develop and oversee the implementation of uniform

information resources management policies, principles, standards, and guidelines; ‘‘(2) foster greater sharing, dissemination, and access to public information, including through— ‘‘(A) the use of the Government Information Locator

Service; and

‘‘(B) the development and utilization of common standards for information collection, storage, processing and

communication, including standards for security,

interconnectivity and interoperability;

‘‘(3) initiate and review proposals for changes in legislation, regulations, and agency procedures to improve information

resources management practices; ‘‘(4) oversee the development and implementation of best

practices in information resources management, including

training; and ‘‘(5) oversee agency integration of program and management functions with information resources management functions.

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

of paperwork, the Director shall—

‘‘(1) review and approve proposed agency collections of

information;

‘‘(2) coordinate the review of the collection of information

associated with Federal procurement and acquisition by the

Office of Information and Regulatory Affairs with the Office

of Federal Procurement Policy, with particular emphasis on

applying information technology to improve the efficiency and

effectiveness of Federal procurement, acquisition and payment,

and to reduce information collection burdens on the public;

‘‘(3) minimize the Federal information collection burden,

with particular emphasis on those individuals and entities most

adversely affected;
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‘‘(4) maximize the practical utility of and public benefit

from information collected by or for the Federal Government;

and

‘‘(5) establish and oversee standards and guidelines by

which agencies are to estimate the burden to comply with

a proposed collection of information.

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

shall develop and oversee the implementation of policies, principles,

standards, and guidelines to—

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

information, regardless of the form or format in which such

information is disseminated; and

‘‘(2) promote public access to public information and fulfill

the purposes of this chapter, including through the effective

use of information technology.

‘‘(e) With respect to statistical policy and coordination, the

Director shall—

‘‘(1) coordinate the activities of the Federal statistical system to ensure—

‘‘(A) the efficiency and effectiveness of the system; and

‘‘(B) the integrity, objectivity, impartiality, utility, and

confidentiality of information collected for statistical purposes;

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

with system-wide priorities for maintaining and improving the

quality of Federal statistics and prepare an annual report on

statistical program funding;

‘‘(3) develop and oversee the implementation of

Governmentwide policies, principles, standards, and guidelines

concerning—

‘‘(A) statistical collection procedures and methods;

‘‘(B) statistical data classification;

‘‘(C) statistical information presentation and dissemination;

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

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

for the administration of Federal programs;

‘‘(4) evaluate statistical program performance and agency

compliance with Governmentwide policies, principles, standards

and guidelines;

‘‘(5) promote the sharing of information collected for statistical purposes consistent with privacy rights and confidentiality

pledges;

‘‘(6) coordinate the participation of the United States in

international statistical activities, including the development

of comparable statistics;

‘‘(7) appoint a chief statistician who is a trained and experienced professional statistician to carry out the functions

described under this subsection;

‘‘(8) establish an Interagency Council on Statistical Policy

to advise and assist the Director in carrying out the functions

under this subsection that shall—

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

‘‘(B) consist of—

‘‘(i) the heads of the major statistical programs;

and
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‘‘(ii) representatives of other statistical agencies

under rotating membership; and

‘‘(9) provide opportunities for training in statistical policy

functions to employees of the Federal Government under

which—

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

of the Director based on agency requests and shall serve

under the chief statistician for at least 6 months and not

more than 1 year; and

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

agency requesting training.

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

‘‘(1) provide advice and assistance to the Archivist of the

United States and the Administrator of General Services to

promote coordination in the administration of chapters 29, 31,

and 33 of this title with the information resources management

policies, principles, standards, and guidelines established under

this chapter;

‘‘(2) review compliance by agencies with—

‘‘(A) the requirements of chapters 29, 31, and 33 of

this title; and

‘‘(B) regulations promulgated by the Archivist of the

United States and the Administrator of General Services;

and

‘‘(3) oversee the application of records management policies,

principles, standards, and guidelines, including requirements

for archiving information maintained in electronic format, in

the planning and design of information systems.

‘‘(g) With respect to privacy and security, the Director shall—

‘‘(1) develop and oversee the implementation of policies,

principles, standards, and guidelines on privacy, confidentiality,

security, disclosure and sharing of information collected or

maintained by or for agencies;

‘‘(2) oversee and coordinate compliance with sections 552

and 552a of title 5, the Computer Security Act of 1987 (40

U.S.C. 759 note), and related information management laws;

and

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

Security Act of 1987 (40 U.S.C. 759 note), to identify and

afford security protections commensurate with the risk and

magnitude of the harm resulting from the loss, misuse, or

unauthorized access to or modification of information collected

or maintained by or on behalf of an agency.

‘‘(h) With respect to Federal information technology, the Director shall—

‘‘(1) in consultation with the Director of the National

Institute of Standards and Technology and the Administrator

of General Services—

‘‘(A) develop and oversee the implementation of policies,

principles, standards, and guidelines for information technology functions and activities of the Federal Government,

including periodic evaluations of major information systems; and

‘‘(B) oversee the development and implementation of

standards under section 111(d) of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 759(d));
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‘‘(2) monitor the effectiveness of, and compliance with,

directives issued under sections 110 and 111 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

757 and 759);

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

of Information and Regulatory Affairs of policy associated with

Federal procurement and acquisition of information technology

with the Office of Federal Procurement Policy;

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

information resources management plans and other means—

‘‘(A) agency integration of information resources

management plans, program plans and budgets for acquisition and use of information technology; and

‘‘(B) the efficiency and effectiveness of inter-agency

information technology initiatives to improve agency

performance and the accomplishment of agency missions;

and

‘‘(5) promote the use of information technology by the Federal Government to improve the productivity, efficiency, and

effectiveness of Federal programs, including through dissemination of public information and the reduction of information

collection burdens on the public.

‘‘§ 3505. Assignment of tasks and deadlines

‘‘(a) In carrying out the functions under this chapter, the Director shall—

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

Governmentwide goal for the reduction of information collection

burdens by at least 10 percent during each of fiscal years

1996 and 1997 and 5 percent during each of fiscal years 1998,

1999, 2000, and 2001, and set annual agency goals to— ‘‘(A) reduce information collection burdens imposed on

the public that—

‘‘(i) represent the maximum practicable opportunity in each agency; and ‘‘(ii) are consistent with improving agency management of the process for the review of collections of

information established under section 3506(c); and

‘‘(B) improve information resources management in

ways that increase the productivity, efficiency and effectiveness of Federal programs, including service delivery to

the public;

‘‘(2) with selected agencies and non-Federal entities on

a voluntary basis, conduct pilot projects to test alternative

policies, practices, regulations, and procedures to fulfill the

purposes of this chapter, particularly with regard to minimizing

the Federal information collection burden; and

‘‘(3) in consultation with the Administrator of General Services, the Director of the National Institute of Standards and

Technology, the Archivist of the United States, and the Director

of the Office of Personnel Management, develop and maintain

a Governmentwide strategic plan for information resources

management, that shall include—

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

by which the Federal Government shall apply information

resources to improve agency and program performance;

‘‘(B) plans for—
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‘‘(i) reducing information burdens on the public,

including reducing such burdens through the elimination of duplication and meeting shared data needs

with shared resources;

‘‘(ii) enhancing public access to and dissemination

of, information, using electronic and other formats;

and

‘‘(iii) meeting the information technology needs of

the Federal Government in accordance with the purposes of this chapter; and

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

resources management to improve agency performance and

the accomplishment of missions.

‘‘(b) For purposes of any pilot project conducted under subsection (a)(2), the Director may, after consultation with the agency

head, waive the application of any administrative directive issued

by an agency with which the project is conducted, including any

directive requiring a collection of information, after giving timely

notice to the public and the Congress regarding the need for such

waiver.

‘‘§ 3506. Federal agency responsibilities

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

‘‘(A) carrying out the agency’s information resources

management activities to improve agency productivity, efficiency, and effectiveness; and

‘‘(B) complying with the requirements of this chapter and

related policies established by the Director.

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

of each agency shall designate a senior official who shall report

directly to such agency head to carry out the responsibilities of

the agency under this chapter. ‘‘(B) The Secretary of the Department of Defense and the Secretary of each military department may each designate senior officials who shall report directly to such Secretary to carry out the

responsibilities of the department under this chapter. If more than

one official is designated, the respective duties of the officials shall

be clearly delineated. ‘‘(3) The senior official designated under paragraph (2) shall

head an office responsible for ensuring agency compliance with

and prompt, efficient, and effective implementation of the information policies and information resources management responsibilities

established under this chapter, including the reduction of information collection burdens on the public. The senior official and employees of such office shall be selected with special attention to the

professional qualifications required to administer the functions

described under this chapter.

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

accountable for information resources assigned to and supporting

the programs under such official. In consultation with the senior

official designated under paragraph (2) and the agency Chief Financial Officer (or comparable official), each agency program official

shall define program information needs and develop strategies,

systems, and capabilities to meet those needs.

‘‘(b) With respect to general information resources management,

each agency shall—

‘‘(1) manage information resources to—
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‘‘(A) reduce information collection burdens on the public;

‘‘(B) increase program efficiency and effectiveness; and

‘‘(C) improve the integrity, quality, and utility of

information to all users within and outside the agency,

including capabilities for ensuring dissemination of public

information, public access to government information, and

protections for privacy and security;

‘‘(2) in accordance with guidance by the Director, develop

and maintain a strategic information resources management

plan that shall describe how information resources management

activities help accomplish agency missions;

‘‘(3) develop and maintain an ongoing process to—

‘‘(A) ensure that information resources management

operations and decisions are integrated with organizational

planning, budget, financial management, human resources

management, and program decisions;

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

Officer (or comparable official), develop a full and accurate

accounting of information technology expenditures, related

expenses, and results; and

‘‘(C) establish goals for improving information

resources management’s contribution to program productivity, efficiency, and effectiveness, methods for measuring

progress towards those goals, and clear roles and responsibilities for achieving those goals;

‘‘(4) in consultation with the Director, the Administrator

of General Services, and the Archivist of the United States,

maintain a current and complete inventory of the agency’s

information resources, including directories necessary to fulfill

the requirements of section 3511 of this chapter; and

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

of the Office of Personnel Management, conduct formal training

programs to educate agency program and management officials

about information resources management.

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

of paperwork, each agency shall— ‘‘(1) establish a process within the office headed by the official designated under subsection (a), that is sufficiently

independent of program responsibility to evaluate fairly

whether proposed collections of information should be approved

under this chapter, to—

‘‘(A) review each collection of information before

submission to the Director for review under this chapter,

including—

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

of information;

‘‘(ii) a functional description of the information

to be collected;

‘‘(iii) a plan for the collection of the information;

‘‘(iv) a specific, objectively supported estimate of

burden;

‘‘(v) a test of the collection of information through

a pilot program, if appropriate; and

‘‘(vi) a plan for the efficient and effective management and use of the information to be collected, including necessary resources;
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‘‘(B) ensure that each information collection—

‘‘(i) is inventoried, displays a control number and,

if appropriate, an expiration date;

‘‘(ii) indicates the collection is in accordance with

the clearance requirements of section 3507; and

‘‘(iii) informs the person receiving the collection

of information of—

‘‘(I) the reasons the information is being collected;

‘‘(II) the way such information is to be used;

‘‘(III) an estimate, to the extent practicable,

of the burden of the collection;

‘‘(IV) whether responses to the collection of

information are voluntary, required to obtain a

benefit, or mandatory; and

‘‘(V) the fact that an agency may not conduct

or sponsor, and a person is not required to respond

to, a collection of information unless it displays

a valid control number; and

‘‘(C) assess the information collection burden of proposed legislation affecting the agency;

‘‘(2)(A) except as provided under subparagraph (B) or section 3507(j), provide 60-day notice in the Federal Register,

and otherwise consult with members of the public and affected

agencies concerning each proposed collection of information,

to solicit comment to—

‘‘(i) evaluate whether the proposed collection of

information is necessary for the proper performance of

the functions of the agency, including whether the information shall have practical utility;

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

of the burden of the proposed collection of information;

‘‘(iii) enhance the quality, utility, and clarity of the

information to be collected; and

‘‘(iv) minimize the burden of the collection of information on those who are to respond, including through the

use of automated collection techniques or other forms of

information technology; and

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

in a proposed rule (to be reviewed by the Director under section

3507(d)), provide notice and comment through the notice of

proposed rulemaking for the proposed rule and such notice

shall have the same purposes specified under subparagraph

(A) (i) through (iv); and

‘‘(3) certify (and provide a record supporting such certification, including public comments received by the agency) that

each collection of information submitted to the Director for

review under section 3507—

‘‘(A) is necessary for the proper performance of the

functions of the agency, including that the information

has practical utility;

‘‘(B) is not unnecessarily duplicative of information

otherwise reasonably accessible to the agency;

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

the burden on persons who shall provide information to

or for the agency, including with respect to small entities,
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as defined under section 601(6) of title 5, the use of such

techniques as—

‘‘(i) establishing differing compliance or reporting

requirements or timetables that take into account the

resources available to those who are to respond;

‘‘(ii) the clarification, consolidation, or simplification of compliance and reporting requirements; or

‘‘(iii) an exemption from coverage of the collection

of information, or any part thereof;

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

terminology and is understandable to those who are to

respond;

‘‘(E) is to be implemented in ways consistent and

compatible, to the maximum extent practicable, with the

existing reporting and recordkeeping practices of those who

are to respond;

‘‘(F) indicates for each recordkeeping requirement the

length of time persons are required to maintain the records

specified;

‘‘(G) contains the statement required under paragraph

(1)(B)(iii);

‘‘(H) has been developed by an office that has planned

and allocated resources for the efficient and effective

management and use of the information to be collected,

including the processing of the information in a manner

which shall enhance, where appropriate, the utility of the

information to agencies and the public;

‘‘(I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and

‘‘(J) to the maximum extent practicable, uses information technology to reduce burden and improve data quality,

agency efficiency and responsiveness to the public.

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

shall—

‘‘(1) ensure that the public has timely and equitable access

to the agency’s public information, including ensuring such

access through—

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

sources for information based on government public

information;

‘‘(B) in cases in which the agency provides public

information maintained in electronic format, providing

timely and equitable access to the underlying data (in

whole or in part); and

‘‘(C) agency dissemination of public information in an

efficient, effective, and economical manner;

‘‘(2) regularly solicit and consider public input on the agency’s information dissemination activities;

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

modifying, or terminating significant information dissemination

products; and

‘‘(4) not, except where specifically authorized by statute—

‘‘(A) establish an exclusive, restricted, or other distribution arrangement that interferes with timely and equitable

availability of public information to the public;
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‘‘(B) restrict or regulate the use, resale, or

redissemination of public information by the public;

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

redissemination of public information; or

‘‘(D) establish user fees for public information that

exceed the cost of dissemination.

‘‘(e) With respect to statistical policy and coordination, each

agency shall—

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

and objectivity of information collected or created for statistical

purposes;

‘‘(2) inform respondents fully and accurately about the sponsors, purposes, and uses of statistical surveys and studies;

‘‘(3) protect respondents’ privacy and ensure that disclosure

policies fully honor pledges of confidentiality;

‘‘(4) observe Federal standards and practices for data collection, analysis, documentation, sharing, and dissemination of

information;

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

surveys and studies, including information about the quality

and limitations of the surveys and studies; and

‘‘(6) make data available to statistical agencies and readily

accessible to the public.

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

implement and enforce applicable policies and procedures, including

requirements for archiving information maintained in electronic

format, particularly in the planning, design and operation of

information systems. ‘‘(g) With respect to privacy and security, each agency shall— ‘‘(1) implement and enforce applicable policies, procedures,

standards, and guidelines on privacy, confidentiality, security,

disclosure and sharing of information collected or maintained

by or for the agency; ‘‘(2) assume responsibility and accountability for compliance

with and coordinated management of sections 552 and 552a

of title 5, the Computer Security Act of 1987 (40 U.S.C. 759

note), and related information management laws; and ‘‘(3) consistent with the Computer Security Act of 1987 (40 U.S.C. 759 note), identify and afford security protections

commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf

of an agency.

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

agency shall—

‘‘(1) implement and enforce applicable Governmentwide and

agency information technology management policies, principles,

standards, and guidelines;

‘‘(2) assume responsibility and accountability for information technology investments;

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

agency to improve the productivity, efficiency, and effectiveness

of agency programs, including the reduction of information

collection burdens on the public and improved dissemination

of public information;

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

procedures to improve information technology practices, includ-
S. 244—14

ing changes that improve the ability of the agency to use

technology to reduce burden; and

‘‘(5) assume responsibility for maximizing the value and

assessing and managing the risks of major information systems

initiatives through a process that is—

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

management decisions; and

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

of major information systems initiatives.

‘‘§ 3507. Public information collection activities; submission

to Director; approval and delegation

‘‘(a) An agency shall not conduct or sponsor the collection of

information unless in advance of the adoption or revision of the

collection of information—

‘‘(1) the agency has—

‘‘(A) conducted the review established under section

3506(c)(1);

‘‘(B) evaluated the public comments received under

section 3506(c)(2);

‘‘(C) submitted to the Director the certification required

under section 3506(c)(3), the proposed collection of information, copies of pertinent statutory authority, regulations,

and other related materials as the Director may specify;

and

‘‘(D) published a notice in the Federal Register—

‘‘(i) stating that the agency has made such submission; and

‘‘(ii) setting forth— ‘‘(I) a title for the collection of information;

‘‘(II) a summary of the collection of information;

‘‘(III) a brief description of the need for the

information and the proposed use of the information;

‘‘(IV) a description of the likely respondents

and proposed frequency of response to the collection of information;

‘‘(V) an estimate of the burden that shall result

from the collection of information; and

‘‘(VI) notice that comments may be submitted

to the agency and Director; ‘‘(2) the Director has approved the proposed collection of

information or approval has been inferred, under the provisions

of this section; and

‘‘(3) the agency has obtained from the Director a control

number to be displayed upon the collection of information.

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

comment prior to making a decision under subsection (c), (d), or

(h), except as provided under subsection (j).

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

in a proposed rule, the Director shall notify the agency involved

of the decision to approve or disapprove the proposed collection

of information.

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

(1), within 60 days after receipt or publication of the notice under

subsection (a)(1)(D), whichever is later.
S. 244—15

‘‘(3) If the Director does not notify the agency of a denial

or approval within the 60-day period described under paragraph

(2)—

‘‘(A) the approval may be inferred;

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

delay; and

‘‘(C) the agency may collect the information for not more

than 1 year.

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

in a proposed rule—

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

of publication of a notice of proposed rulemaking in the Federal

Register, each agency shall forward to the Director a copy

of any proposed rule which contains a collection of information

and any information requested by the Director necessary to

make the determination required under this subsection; and

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

is published in the Federal Register, the Director may file

public comments pursuant to the standards set forth in section

3508 on the collection of information contained in the proposed

rule;

‘‘(2) When a final rule is published in the Federal Register,

the agency shall explain—

‘‘(A) how any collection of information contained in the

final rule responds to the comments, if any, filed by the Director

or the public; or

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

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

on an agency rule within 60 days after the notice of proposed

rulemaking, the Director may not disapprove any collection of

information specifically contained in an agency rule. ‘‘(4) No provision in this section shall be construed to prevent

the Director, in the Director’s discretion—

‘‘(A) from disapproving any collection of information which

was not specifically required by an agency rule; ‘‘(B) from disapproving any collection of information contained in an agency rule, if the agency failed to comply with

the requirements of paragraph (1) of this subsection; ‘‘(C) from disapproving any collection of information contained in a final agency rule, if the Director finds within 60

days after the publication of the final rule that the agency’s

response to the Director’s comments filed under paragraph

(2) of this subsection was unreasonable; or

‘‘(D) from disapproving any collection of information contained in a final rule, if—

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

substantially modified in the final rule the collection of

information contained in the proposed rule; and

‘‘(ii) the agency has not given the Director the information required under paragraph (1) with respect to the modified collection of information, at least 60 days before the

issuance of the final rule.

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

a notice of proposed rulemaking and requests public comments.

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

a collection of information contained in an agency rule shall not

be subject to judicial review.
S. 244—16

‘‘(e)(1) Any decision by the Director under subsection (c), (d),

(h), or (j) to disapprove a collection of information, or to instruct

the agency to make substantive or material change to a collection

of information, shall be publicly available and include an explanation of the reasons for such decision.

‘‘(2) Any written communication between the Administrator

of the Office of Information and Regulatory Affairs, or any employee

of the Office of Information and Regulatory Affairs, and an agency

or person not employed by the Federal Government concerning

a proposed collection of information shall be made available to

the public.

‘‘(3) This subsection shall not require the disclosure of—

‘‘(A) any information which is protected at all times by

procedures established for information which has been specifically authorized under criteria established by an Executive

order or an Act of Congress to be kept secret in the interest

of national defense or foreign policy; or

‘‘(B) any communication relating to a collection of information which is not approved under this chapter, the disclosure

of which could lead to retaliation or discrimination against

the communicator.

‘‘(f)(1) An independent regulatory agency which is administered

by 2 or more members of a commission, board, or similar body,

may by majority vote void—

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

of a proposed collection of information of that agency; or

‘‘(B) an exercise of authority under subsection (d) of section

3507 concerning that agency.

‘‘(2) The agency shall certify each vote to void such disapproval

or exercise to the Director, and explain the reasons for such vote.

The Director shall without further delay assign a control number

to such collection of information, and such vote to void the disapproval or exercise shall be valid for a period of 3 years.

‘‘(g) The Director may not approve a collection of information

for a period in excess of 3 years.

‘‘(h)(1) If an agency decides to seek extension of the Director’s

approval granted for a currently approved collection of information,

the agency shall—

‘‘(A) conduct the review established under section 3506(c),

including the seeking of comment from the public on the continued need for, and burden imposed by the collection of information; and

‘‘(B) after having made a reasonable effort to seek public

comment, but no later than 60 days before the expiration date

of the control number assigned by the Director for the currently

approved collection of information, submit the collection of

information for review and approval under this section, which

shall include an explanation of how the agency has used the

information that it has collected.

‘‘(2) If under the provisions of this section, the Director disapproves a collection of information contained in an existing rule,

or recommends or instructs the agency to make a substantive

or material change to a collection of information contained in an

existing rule, the Director shall—

‘‘(A) publish an explanation thereof in the Federal Register;

and
S. 244—17

‘‘(B) instruct the agency to undertake a rulemaking within

a reasonable time limited to consideration of changes to the

collection of information contained in the rule and thereafter

to submit the collection of information for approval or disapproval under this chapter.

‘‘(3) An agency may not make a substantive or material modification to a collection of information after such collection has been

approved by the Director, unless the modification has been submitted to the Director for review and approval under this chapter.

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

designated under section 3506(a) is sufficiently independent of program responsibility to evaluate fairly whether proposed collections

of information should be approved and has sufficient resources

to carry out this responsibility effectively, the Director may, by

rule in accordance with the notice and comment provisions of chapter 5 of title 5, United States Code, delegate to such official the

authority to approve proposed collections of information in specific

program areas, for specific purposes, or for all agency purposes.

‘‘(2) A delegation by the Director under this section shall not

preclude the Director from reviewing individual collections of

information if the Director determines that circumstances warrant

such a review. The Director shall retain authority to revoke such

delegations, both in general and with regard to any specific matter.

In acting for the Director, any official to whom approval authority

has been delegated under this section shall comply fully with the

rules and regulations promulgated by the Director.

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

a collection of information, if an agency head determines that— ‘‘(A) a collection of information—

‘‘(i) is needed prior to the expiration of time periods

established under this chapter; and

‘‘(ii) is essential to the mission of the agency; and ‘‘(B) the agency cannot reasonably comply with the provisions of this chapter because—

‘‘(i) public harm is reasonably likely to result if normal

clearance procedures are followed;

‘‘(ii) an unanticipated event has occurred; or

‘‘(iii) the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court

ordered deadline to be missed.

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

authorization request within the time requested by the agency

head and, if approved, shall assign the collection of information

a control number. Any collection of information conducted under

this subsection may be conducted without compliance with the

provisions of this chapter for a maximum of 90 days after the

date on which the Director received the request to authorize such

collection.

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

‘‘Before approving a proposed collection of information, the

Director shall determine whether the collection of information by

the agency is necessary for the proper performance of the functions

of the agency, including whether the information shall have practical utility. Before making a determination the Director may give

the agency and other interested persons an opportunity to be heard
S. 244—18

or to submit statements in writing. To the extent, if any, that

the Director determines that the collection of information by an

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

in the collection of information.

‘‘§ 3509. Designation of central collection agency

‘‘The Director may designate a central collection agency to

obtain information for two or more agencies if the Director determines that the needs of such agencies for information will be

adequately served by a single collection agency, and such sharing

of data is not inconsistent with applicable law. In such cases the

Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated

and of the agencies for which it is to act as agent (including

reimbursement for costs). While the designation is in effect, an

agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agency

to obtain. The Director may modify the designation from time

to time as circumstances require. The authority to designate under

this section is subject to the provisions of section 3507(f) of this

chapter.

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

‘‘(a) The Director may direct an agency to make available to

another agency, or an agency may make available to another agency,

information obtained by a collection of information if the disclosure

is not inconsistent with applicable law.

‘‘(b)(1) If information obtained by an agency is released by that agency to another agency, all the provisions of law (including

penalties) that relate to the unlawful disclosure of information

apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as

the provisions apply to the officers and employees of the agency

which originally obtained the information. ‘‘(2) The officers and employees of the agency to which the

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

provisions of law, including penalties, relating to the unlawful

disclosure of information as if the information had been collected

directly by that agency.

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

‘‘(a) In order to assist agencies and the public in locating

information and to promote information sharing and equitable

access by the public, the Director shall—

‘‘(1) cause to be established and maintained a distributed

agency-based electronic Government Information Locator Service (hereafter in this section referred to as the ‘Service’), which

shall identify the major information systems, holdings, and

dissemination products of each agency;

‘‘(2) require each agency to establish and maintain an

agency information locator service as a component of, and to

support the establishment and operation of the Service;

‘‘(3) in cooperation with the Archivist of the United States,

the Administrator of General Services, the Public Printer, and

the Librarian of Congress, establish an interagency committee
S. 244—19

to advise the Secretary of Commerce on the development of

technical standards for the Service to ensure compatibility,

promote information sharing, and uniform access by the public;

‘‘(4) consider public access and other user needs in the

establishment and operation of the Service;

‘‘(5) ensure the security and integrity of the Service, including measures to ensure that only information which is intended

to be disclosed to the public is disclosed through the Service;

and

‘‘(6) periodically review the development and effectiveness

of the Service and make recommendations for improvement,

including other mechanisms for improving public access to Federal agency public information.

‘‘(b) This section shall not apply to operational files as defined

by the Central Intelligence Agency Information Act (50 U.S.C. 431

et seq.).

‘‘§ 3512. Public protection

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

shall be subject to any penalty for failing to comply with a collection

of information that is subject to this chapter if—

‘‘(1) the collection of information does not display a valid

control number assigned by the Director in accordance with

this chapter; or

‘‘(2) the agency fails to inform the person who is to respond

to the collection of information that such person is not required

to respond to the collection of information unless it displays

a valid control number.

‘‘(b) The protection provided by this section may be raised

in the form of a complete defense, bar, or otherwise at any time

during the agency administrative process or judicial action

applicable thereto.

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

agency response

‘‘(a) In consultation with the Administrator of General Services,

the Archivist of the United States, the Director of the National

Institute of Standards and Technology, and the Director of the

Office of Personnel Management, the Director shall periodically

review selected agency information resources management activities

to ascertain the efficiency and effectiveness of such activities to

improve agency performance and the accomplishment of agency

missions.

‘‘(b) Each agency having an activity reviewed under subsection (a) shall, within 60 days after receipt of a report on the review,

provide a written plan to the Director describing steps (including

milestones) to—

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

problems identified in the report; and

‘‘(2) improve agency performance and the accomplishment

of agency missions.

‘‘§ 3514. Responsiveness to Congress

‘‘(a)(1) The Director shall—

‘‘(A) keep the Congress and congressional committees fully

and currently informed of the major activities under this chapter; and
S. 244—20

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

of the Senate and the Speaker of the House of Representatives

annually and at such other times as the Director determines

necessary.

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

of the extent to which agencies have—

‘‘(A) reduced information collection burdens on the public,

including—

‘‘(i) a summary of accomplishments and planned initiatives to reduce collection of information burdens;

‘‘(ii) a list of all violations of this chapter and of any

rules, guidelines, policies, and procedures issued pursuant

to this chapter;

‘‘(iii) a list of any increase in the collection of information burden, including the authority for each such collection; and

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

not reduce information collection burdens in accordance

with section 3505(a)(1), a list of the programs and statutory

responsibilities of those agencies that precluded that reduction, and recommendations to assist those agencies to

reduce information collection burdens in accordance with

that section;

‘‘(B) improved the quality and utility of statistical information;

‘‘(C) improved public access to Government information;

and

‘‘(D) improved program performance and the accomplishment of agency missions through information resources

management.

‘‘(b) The preparation of any report required by this section

shall be based on performance results reported by the agencies

and shall not increase the collection of information burden on

persons outside the Federal Government.

‘‘§ 3515. Administrative powers

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

an independent regulatory agency) shall, to the extent practicable,

make its services, personnel, and facilities available to the Director

for the performance of functions under this chapter.

‘‘§ 3516. Rules and regulations

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

necessary to exercise the authority provided by this chapter.

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

‘‘(a) In developing information resources management policies,

plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide interested

agencies and persons early and meaningful opportunity to comment.

‘‘(b) Any person may request the Director to review any collection of information conducted by or for an agency to determine,

if, under this chapter, a person shall maintain, provide, or disclose

the information to or for the agency. Unless the request is frivolous,

the Director shall, in coordination with the agency responsible

for the collection of information—
S. 244—21

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

the request, unless such period is extended by the Director

to a specified date and the person making the request is given

notice of such extension; and

‘‘(2) take appropriate remedial action, if necessary.

‘‘§ 3518. Effect on existing laws and regulations

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

of an agency under any other law to prescribe policies, rules, regulations, and procedures for Federal information resources management activities is subject to the authority of the Director under

this chapter.

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

the authority of the Secretary of Commerce or the Director of

the Office of Management and Budget pursuant to Reorganization

Plan No. 1 of 1977 (as amended) and Executive order, relating

to telecommunications and information policy, procurement and

management of telecommunications and information systems, spectrum use, and related matters.

‘‘(c)(1) Except as provided in paragraph (2), this chapter shall

not apply to the collection of information—

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

or prosecution, or during the disposition of a particular criminal

matter;

‘‘(B) during the conduct of—

‘‘(i) a civil action to which the United States or any

official or agency thereof is a party; or

‘‘(ii) an administrative action or investigation involving

an agency against specific individuals or entities;

‘‘(C) by compulsory process pursuant to the Antitrust Civil

Process Act and section 13 of the Federal Trade Commission

Improvements Act of 1980; or

‘‘(D) during the conduct of intelligence activities as defined in section 3.4(e) of Executive Order No. 12333, issued December

4, 1981, or successor orders, or during the conduct of cryptologic

activities that are communications security activities.

‘‘(2) This chapter applies to the collection of information during the conduct of general investigations (other than information collected in an antitrust investigation to the extent provided in

subparagraph (C) of paragraph (1)) undertaken with reference to

a category of individuals or entities such as a class of licensees

or an entire industry. ‘‘(d) Nothing in this chapter shall be interpreted as increasing

or decreasing the authority conferred by Public Law 89–306 on

the Administrator of the General Services Administration, the Secretary of Commerce, or the Director of the Office of Management

and Budget.

‘‘(e) Nothing in this chapter shall be interpreted as increasing

or decreasing the authority of the President, the Office of Management and Budget or the Director thereof, under the laws of the

United States, with respect to the substantive policies and programs

of departments, agencies and offices, including the substantive

authority of any Federal agency to enforce the civil rights laws.

‘‘§ 3519. Access to information

‘‘Under the conditions and procedures prescribed in section

716 of title 31, the Director and personnel in the Office of Informa-
S. 244—22

tion and Regulatory Affairs shall furnish such information as the

Comptroller General may require for the discharge of the responsibilities of the Comptroller General. For the purpose of obtaining

such information, the Comptroller General or representatives

thereof shall have access to all books, documents, papers and

records, regardless of form or format, of the Office.

‘‘§ 3520. Authorization of appropriations

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

Information and Regulatory Affairs to carry out the provisions

of this chapter, and for no other purpose, $8,000,000 for each

of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.’’.

SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL

REPORT PROGRAM AT BUREAU OF THE CENSUS.

Section 91 of title 13, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d)(1) The Secretary shall not select an organization or entity

for participation in a survey, if—

‘‘(A) the organization or entity—

‘‘(i) has assets of less than $50,000,000;

‘‘(ii) completed participation in a prior survey in the

preceding 10-year period, as determined by the Secretary;

and

‘‘(iii) was selected for that prior survey participation

after September 30, 1990; or

‘‘(B) the organization or entity—

‘‘(i) has assets of more than $50,000,000 and less than

$100,000,000;

‘‘(ii) completed participation in a prior survey in the

preceding 2-year period, as determined by the Secretary;

and

‘‘(iii) was selected for that prior survey participation

after September 30, 1995.

‘‘(2)(A) The Secretary shall furnish advice and similar assistance to ease the burden of a small business concern which is

attempting to compile and furnish the business information required

of organizations and entities participating in the survey.

‘‘(B) To facilitate the provision of the assistance under subparagraph (A), the Secretary shall establish a toll-free telephone number.

‘‘(C) The Secretary shall expand the use of statistical sampling

techniques to select organizations and entities having assets less

than $100,000,000 to participate in the survey.

‘‘(3) The Secretary may undertake such additional paperwork

burden reduction initiatives with respect to the conduct of the

survey as may be deemed appropriate by the Secretary.

‘‘(4) For purposes of this subsection:

‘‘(A) The term ‘small business concern’ means a business

concern that meets the requirements of section 3(a) of the

Small Business Act and the regulations promulgated pursuant

thereto.

‘‘(B) The term ‘survey’ means the collection of information

by the Secretary pursuant to this section for the purpose of

preparing the publication entitled ‘Quarterly Financial Report

for Manufacturing, Mining, and Trade Corporations’.’’.
S. 244—23

SEC. 4. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section,

this Act and the amendments made by this Act shall take effect

on October 1, 1995.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3520 of title

44, United States Code, as amended by this Act, shall take effect

on the date of enactment of this Act.

(c) DELAYED APPLICATION.—In the case of a collection of

information for which there is in effect on September 30, 1995,

a control number issued by the Office of Management and Budget

under chapter 35 of title 44, United States Code—

(1) the amendments made by this Act shall apply to the

collection of information beginning on the earlier of— (A) the first renewal or modification of that collection

of information after September 30, 1995; or

(B) the expiration of its control number after September 30, 1995.

(2) prior to such renewal, modification, or expiration, the

collection of information shall be subject to chapter 35 of title

44, United States Code, as in effect on September 30, 1995.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.