Calendar No. 21

104TH CONGRESS

1ST SESSION S. 244

[Report No. 104–8]

A BILL

To further the goals of the Paperwork Reduction

F

and for other purposes.the burden of Federal paperwork on the public,sponsible and publicly accountable for reducingAct to have Federal agencies become more reEBRUARY 14 (legislative day, JANUARY 30), 1995

Reported with amendments
II

Calendar No. 21

104TH CONGRESS

1ST SESSION S. 244

[Report No. 104–8]

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.

IN THE SENATE OF THE UNITED STATES

JANUARY 19 (legislative day, JANUARY 10), 1995

Mr. NUNN (for himself, Mr. ROTH, Mr. GLENN, Mr. BOND, Mr. BUMPERS,

Mr. PRESSLER, Mr. LIEBERMAN, Mrs. HUTCHISON, Mr. JOHNSTON, Mr.

DOMENICI, Mr. HOLLINGS, Mr. NICKLES, Mr. BREAUX, Mr. WARNER,

Mr. ROBB, Mr. COCHRAN, Mr. BRYAN, Mr. SMITH, Mr. LAUTENBERG,

Mr. MACK, Ms. MOSELEY-BRAUN, and Mr. SHELBY) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

FEBRUARY 14 (legislative day, JANUARY 30), 1995

Reported by Mr. ROTH, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To further the goals of the Paperwork Reduction Act to

have Federal agencies become more responsible and publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes.
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•S 244 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Act of 1995’’.

6 SEC. 2. COORDINATION OF FEDERAL INFORMATION POL7 ICY.

8 Chapter 35 of title 44, United States Code, is amend9 ed to read as follows:

10 ‘‘CHAPTER 35—COORDINATION OF

11 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.

12 ‘‘§ 3501. Purposes

13 ‘‘The purposes of this chapter are to—
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1 ‘‘(1) minimize the paperwork burden for indi2 viduals, small businesses, educational and nonprofit

3 institutions, Federal contractors, State, local and

4 tribal governments, and other persons resulting from

5 the collection of information by or for the Federal

6 Government;

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

8 from and maximize the utility of information cre9 ated, collected, maintained, used, shared and dis10 seminated by or for the Federal Government;

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

12 practicable and appropriate, make uniform Federal

13 information resources management policies and

14 practices as a means to improve the productivity, ef15 ficiency, and effectiveness of Government programs,

16 including the reduction of information collection bur17 dens on the public and the improvement of service

18 delivery to the public;

19 ‘‘(4) improve the quality and use of Federal in20 formation to strengthen decisionmaking, accountabil21 ity, and openness in Government and society;

22 ‘‘(5) minimize the cost to the Federal Govern23 ment of the creation, collection, maintenance, use,

24 dissemination, and disposition of information;
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1 ‘‘(6) strengthen the partnership between the

2 Federal Government and State, local, and tribal gov3 ernments by minimizing the burden and maximizing

4 the utility of information created, collected, main5 tained, used, disseminated, and retained by or for

6 the Federal Government;

7 ‘‘(7) provide for the dissemination of public in8 formation on a timely basis, on equitable terms, and

9 in a manner that promotes the utility of the infor10 mation to the public and makes effective use of in11 formation technology;

12 ‘‘(8) ensure that the creation, collection, main13 tenance, use, dissemination, and disposition of infor14 mation by or for the Federal Government is consist15 ent with applicable laws, including laws relating to—

16 ‘‘(A) privacy and confidentiality, including

17 section 552a of title 5;

18 ‘‘(B) security of information, including the

19 Computer Security Act of 1987 (Public Law

20 100–235); and

21 ‘‘(C) access to information, including sec22 tion 552 of title 5;

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

24 the Federal statistical system;
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1 ‘‘(10) ensure that information technology is ac2 quired, used, and managed to improve performance

3 of agency missions, including the reduction of infor4 mation collection burdens on the public; and

5 ‘‘(11) improve the responsibility and account6 ability of the Office of Management and Budget and

7 all other Federal agencies to Congress and to the

8 public for implementing the information collection

9 review process, information resources management,

10 and related policies and guidelines established under

11 this chapter.

12 ‘‘§ 3502. Definitions

13 ‘‘As used in this chapter—

14 ‘‘(1) the term ‘agency’ means any executive de15 partment, military department, Government corpora16 tion, Government controlled corporation, or other es17 tablishment in the executive branch of the Govern18 ment (including the Executive Office of the Presi19 dent), or any independent regulatory agency, but

20 does not include—

21 ‘‘(A) the General Accounting Office;

22 ‘‘(B) Federal Election Commission;

23 ‘‘(C) the governments of the District of

24 Columbia and of the territories and possessions
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1 of the United States, and their various subdivi2 sions; or

3 ‘‘(D) Government-owned contractor-oper4 ated facilities, including laboratories engaged in

5 national defense research and production activi6 ties;

7 ‘‘(2) the term ‘burden’ means time, effort, or fi8 nancial resources expended by persons to generate,

9 maintain, or provide information to or for a Federal

10 agency, including the resources expended for—

11 ‘‘(A) reviewing instructions;

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

13 technology and systems;

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

15 with any previously applicable instructions and

16 requirements;

17 ‘‘(D) searching data sources;

18 ‘‘(E) completing and reviewing the collec19 tion of information; and

20 ‘‘(F) transmitting, or otherwise disclosing

21 the information;

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

23 ‘‘(A) means the obtaining, causing to be

24 obtained, soliciting, or requiring the disclosure

25 to third parties or the public, of facts or opin-
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1 ions by or for an agency, regardless of form or

2 format, calling for either—

3 ‘‘(i) answers to identical questions

4 posed to, or identical reporting or record5 keeping requirements imposed on, ten or

6 more persons, other than agencies, instru7 mentalities, or employees of the United

8 States; or

9 ‘‘(ii) answers to questions posed to

10 agencies, instrumentalities, or employees of

11 the United States which are to be used for

12 general statistical purposes; and

13 ‘‘(B) shall not include a collection of infor14 mation described under section 3518(c)(1);

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

16 the Office of Management and Budget;

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

18 means the Board of Governors of the Federal Re19 serve System, the Commodity Futures Trading Com20 mission, the Consumer Product Safety Commission,

21 the Federal Communications Commission, the Fed22 eral Deposit Insurance Corporation, the Federal En23 ergy Regulatory Commission, the Federal Housing

24 Finance Board, the Federal Maritime Commission,

25 the Federal Trade Commission, the Interstate Com-
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1 merce Commission, the Mine Enforcement Safety

2 and Health Review Commission, the National Labor

3 Relations Board, the Nuclear Regulatory Commis4 sion, the Occupational Safety and Health Review

5 Commission, the Postal Rate Commission, the Secu6 rities and Exchange Commission, and any other

7 similar agency designated by statute as a Federal

8 independent regulatory agency or commission;

9 ‘‘(6) the term ‘information resources’ means in10 formation and related resources, such as personnel,

11 equipment, funds, and information technology;

12 ‘‘(7) the term ‘information resources manage13 ment’ means the process of managing information

14 resources to accomplish agency missions and to im15 prove agency performance, including through the re16 duction of information collection burdens on the

17 public;

18 ‘‘(8) the term ‘information system’ means a dis19 crete set of information resources and processes,

20 automated or manual, organized for the collection,

21 processing, maintenance, use, sharing, dissemina22 tion, or disposition of information;

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

24 same meaning as the term ‘automatic data process25 ing equipment’ as defined by section 111(a)(2) of
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1 the Federal Property and Administrative Services

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

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

4 partnership, association, corporation, business trust,

5 or legal representative, an organized group of indi6 viduals, a State, territorial, or local government or

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

8 territory, or local government or a branch of a politi9 cal subdivision;

10 ‘‘(11) the term ‘practical utility’ means the abil11 ity of an agency to use information, particularly the

12 capability to process such information in a timely

13 and useful fashion;

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

15 information, regardless of form or format, that an

16 agency discloses, disseminates, or makes available to

17 the public; and

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

19 means a requirement imposed by or for an agency

20 on persons to maintain specified records.

21 ‘‘§ 3503. Office of Information and Regulatory Affairs

22 ‘‘(a) There is established in the Office of Manage23 ment and Budget an office to be known as the Office of

24 Information and Regulatory Affairs.
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1 ‘‘(b) There shall be at the head of the Office an Ad2 ministrator who shall be appointed by the President, by

3 and with the advice and consent of the Senate. The Direc4 tor shall delegate to the Administrator the authority to

5 administer all functions under this chapter, except that

6 any such delegation shall not relieve the Director of re7 sponsibility for the administration of such functions. The

8 Administrator shall serve as principal adviser to the Direc9 tor on Federal information resources management policy.

10 ‘‘(c) The Administrator and employees of the Office

11 of Information and Regulatory Affairs shall be appointed

12 with special attention to professional qualifications re13 quired to administer the functions of the Office described

14 under this chapter. Such qualifications shall include rel15 evant education, work experience, or related professional

16 activities.

17 ‘‘§ 3504. Authority and functions of Director

18 ‘‘(a)(1) The Director shall oversee the use of informa19 tion resources to improve the efficiency and effectiveness

20 of governmental operations to serve agency missions, in21 cluding service delivery to the public. In performing such

22 oversight, the Director shall—

23 ‘‘(A) develop, coordinate and oversee the imple24 mentation of Federal information resources manage-
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1 ment policies, principles, standards, and guidelines;

2 and

3 ‘‘(B) provide direction and oversee—

4 ‘‘(i) the review of the collection of informa5 tion and the reduction of the information collec6 tion burden;

7 ‘‘(ii) agency dissemination of and public

8 access to information;

9 ‘‘(iii) statistical activities;

10 ‘‘(iv) records management activities;

11 ‘‘(v) privacy, confidentiality, security, dis12 closure, and sharing of information; and

13 ‘‘(vi) the acquisition and use of informa14 tion technology.

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

16 shall be exercised consistent with applicable law.

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

18 management policy, the Director shall—

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

20 uniform information resources management policies,

21 principles, standards, and guidelines;

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

23 access to public information, including through—

24 ‘‘(A) the use of the Government Informa25 tion Locator Service; and
12

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1 ‘‘(B) the development and utilization of

2 common standards for information collection,

3 storage, processing and communication, includ4 ing standards for security, interconnectivity and

5 interoperability;

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

7 in legislation, regulations, and agency procedures to

8 improve information resources management prac9 tices;

10 ‘‘(4) oversee the development and implementa11 tion of best practices in information resources man12 agement, including training; and

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

14 management functions with information resources

15 management functions.

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

17 the control of paperwork, the Director shall—

18 ‘‘(1) review proposed agency collections of infor19 mation, and in accordance with section 3508, deter20 mine whether the collection of information by or for

21 an agency is necessary for the proper performance

22 of the functions of the agency, including whether the

23 information shall have practical utility;

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

25 information associated with Federal procurement
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1 and acquisition by the Office of Information and

2 Regulatory Affairs with the Office of Federal Pro3 curement Policy, with particular emphasis on apply4 ing information technology to improve the efficiency

5 and effectiveness of Federal procurement and acqui6 sition and to reduce information collection burdens

7 on the public;

8 ‘‘(3) minimize the Federal information collec9 tion burden, with particular emphasis on those indi10 viduals and entities most adversely affected;

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

12 benefit from information collected by or for the Fed13 eral Government; and

14 ‘‘(5) establish and oversee standards and guide15 lines by which agencies are to estimate the burden

16 to comply with a proposed collection of information.

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

18 Director shall develop and oversee the implementation of

19 policies, principles, standards, and guidelines to—

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

21 public information, regardless of the form or format

22 in which such information is disseminated; and

23 ‘‘(2) promote public access to public informa24 tion and fulfill the purposes of this chapter, includ-
14

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1 ing through the effective use of information tech2 nology.

3 ‘‘(e) With respect to statistical policy and coordina4 tion, the Director shall—

5 ‘‘(1) coordinate the activities of the Federal sta6 tistical system to ensure—

7 ‘‘(A) the efficiency and effectiveness of the

8 system; and

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

10 utility, and confidentiality of information col11 lected for statistical purposes;

12 ‘‘(2) ensure that budget proposals of agencies

13 are consistent with system-wide priorities for main14 taining and improving the quality of Federal statis15 tics and prepare an annual report on statistical pro16 gram funding;

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

18 Governmentwide policies, principles, standards, and

19 guidelines concerning—

20 ‘‘(A) statistical collection procedures and

21 methods;

22 ‘‘(B) statistical data classification;

23 ‘‘(C) statistical information presentation

24 and dissemination;

25 ‘‘(D) timely release of statistical data; and
15

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1 ‘‘(E) such statistical data sources as may

2 be required for the administration of Federal

3 programs;

4 ‘‘(4) evaluate statistical program performance

5 and agency compliance with Governmentwide poli6 cies, principles, standards and guidelines;

7 ‘‘(5) promote the sharing of information col8 lected for statistical purposes consistent with privacy

9 rights and confidentiality pledges;

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

11 States in international statistical activities, including

12 the development of comparable statistics;

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

14 trained and experienced professional statistician to

15 carry out the functions described under this sub16 section;

17 ‘‘(8) establish an Interagency Council on Statis18 tical Policy to advise and assist the Director in car19 rying out the functions under this subsection that

20 shall—

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

22 and

23 ‘‘(B) consist of—

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

25 programs; and
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1 ‘‘(ii) representatives of other statis2 tical agencies under rotating membership;

3 and

4 ‘‘(9) provide opportunities for training in statis5 tical policy functions to employees of the Federal

6 Government under which—

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

8 discretion of the Director based on agency re9 quests and shall serve under the chief statisti10 cian for at least 6 months and not more than

11 1 year; and

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

13 by the agency requesting training.

14 ‘‘(f) With respect to records management, the Direc15 tor shall—

16 ‘‘(1) provide advice and assistance to the Archi17 vist of the United States and the Administrator of

18 General Services to promote coordination in the ad19 ministration of chapters 29, 31, and 33 of this title

20 with the information resources management policies,

21 principles, standards, and guidelines established

22 under this chapter;

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

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

25 and 33 of this title; and
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1 ‘‘(B) regulations promulgated by the Ar2 chivist of the United States and the Adminis3 trator of General Services; and

4 ‘‘(3) oversee the application of records manage5 ment policies, principles, standards, and guidelines,

6 including requirements for archiving information

7 maintained in electronic format, in the planning and

8 design of information systems.

9 ‘‘(g) With respect to privacy and security, the Direc10 tor shall—

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

12 policies, principles, standards, and guidelines on pri13 vacy, confidentiality, security, disclosure and sharing

14 of information collected or maintained by or for

15 agencies;

16 ‘‘(2) oversee and coordinate compliance with

17 sections 552 and 552a of title 5, the Computer Se18 curity Act of 1987 (40 U.S.C. 759 note), and relat19 ed information management laws; and

20 ‘‘(3) require Federal agencies, consistent with

21 the Computer Security Act of 1987 (40 U.S.C. 759

22 note), to identify and afford security protections

23 commensurate with the risk and magnitude of the

24 harm resulting from the loss, misuse, or unauthor-
18

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1 ized access to or modification of information col2 lected or maintained by or on behalf of an agency.

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

4 the Director shall—

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

6 National Institute of Standards and Technology and

7 the Administrator of General Services—

8 ‘‘(A) develop and oversee the implementa9 tion of policies, principles, standards, and

10 guidelines for information technology functions

11 and activities of the Federal Government, in12 cluding periodic evaluations of major informa13 tion systems; and

14 ‘‘(B) oversee the development and imple15 mentation of standards under section 111(d) of

16 the Federal Property and Administrative Serv17 ices Act of 1949 (40 U.S.C. 759(d));

18 ‘‘(2) monitor the effectiveness of, and compli19 ance with, directives issued under sections 110 and

20 111 of the Federal Property and Administrative

21 Services Act of 1949 (40 U.S.C. 757 and 759) and

22 review proposed determinations under section 111(e)

23 of such Act;

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

25 the Office of Information and Regulatory Affairs of
19

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1 policy associated with Federal procurement and ac2 quisition of information technology with the Office of

3 Federal Procurement Policy;

4 ‘‘(4) ensure, through the review of agency budg5 et proposals, information resources management

6 plans and other means—

7 ‘‘(A) agency integration of information re8 sources management plans, program plans and

9 budgets for acquisition and use of information

10 technology; and

11 ‘‘(B) the efficiency and effectiveness of

12 inter-agency information technology initiatives

13 to improve agency performance and the accom14 plishment of agency missions; and

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

16 by the Federal Government to improve the produc17 tivity, efficiency, and effectiveness of Federal pro18 grams, including through dissemination of public in19 formation and the reduction of information collection

20 burdens on the public.

21 ‘‘§ 3505. Assignment of tasks and deadlines

22 ‘‘In carrying out the functions under this chapter, the

23 Director shall—

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

25 annual Governmentwide goal for the reduction of in-
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1 formation collection burdens by at least five percent,

2 and set annual agency goals to—

3 ‘‘(A) reduce information collection burdens

4 imposed on the public that—

5 ‘‘(i) represent the maximum prac6 ticable opportunity in each agency; and

7 ‘‘(ii) are consistent with improving

8 agency management of the process for the

9 review of collections of information estab10 lished under section 3506(c); and

11 ‘‘(B) improve information resources man12 agement in ways that increase the productivity,

13 efficiency and effectiveness of Federal pro14 grams, including service delivery to the public;

15 ‘‘(2) with selected agencies and non-Federal en16 tities on a voluntary basis, conduct pilot projects to

17 test alternative policies, practices, regulations, and

18 procedures to fulfill the purposes of this chapter,

19 particularly with regard to minimizing the Federal

20 information collection burden; and

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

22 General Services, the Director of the National Insti23 tute of Standards and Technology, the Archivist of

24 the United States, and the Director of the Office of

25 Personnel Management, develop and maintain a
21

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1 Governmentwide strategic plan for information re2 sources management, that shall include—

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

4 means by which the Federal Government shall

5 apply information resources to improve agency

6 and program performance;

7 ‘‘(B) plans for—

8 ‘‘(i) reducing information burdens on

9 the public, including reducing such bur10 dens through the elimination of duplication

11 and meeting shared data needs with shared

12 resources;

13 ‘‘(ii) enhancing public access to and

14 dissemination of, information, using elec15 tronic and other formats; and

16 ‘‘(iii) meeting the information tech17 nology needs of the Federal Government in

18 accordance with the requirements of sec19 tions 110 and 111 of the Federal Property

20 and Administrative Services Act of 1949

21 (40 U.S.C. 757 and 759), and the pur22 poses of this chapter; and

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

24 information resources management to improve
22

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1 agency performance and the accomplishment of

2 missions.; and

3 ‘‘(4) in cooperation with the Administrator of

4 General Services, issue guidelines for the establish5 ment and operation in each agency of a process, as

6 required under section 3506(h)(5) of this chapter, to

7 review major information systems initiatives, includ8 ing acquisition and use of information technology.

9 ‘‘§ 3506. Federal agency responsibilities

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

11 for—

12 ‘‘(A) carrying out the agency’s information re13 sources management activities to improve agency

14 productivity, efficiency, and effectiveness; and

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

16 chapter and related policies established by the Direc17 tor.

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

19 the head of each agency shall designate a senior official

20 who shall report directly to such agency head to carry out

21 the responsibilities of the agency under this chapter.

22 ‘‘(B) The Secretary of the Department of Defense

23 and the Secretary of each military department may each

24 designate a senior official who shall report directly to such

25 Secretary to carry out the responsibilities of the depart-
23

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1 ment under this chapter. If more than one official is des2 ignated for the military departments, the respective duties

3 of the officials shall be clearly delineated.

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

5 (2) shall head an office responsible for ensuring agency

6 compliance with and prompt, efficient, and effective imple7 mentation of the information policies and information re8 sources management responsibilities established under

9 this chapter, including the reduction of information collec10 tion burdens on the public. The senior official and employ11 ees of such office shall be selected with special attention

12 to the professional qualifications required to administer

13 the functions described under this chapter.

14 ‘‘(4) Each agency program official shall be respon15 sible and accountable for information resources assigned

16 to and supporting the programs under such official. In

17 consultation with the senior official designated under

18 paragraph (2) and the agency Chief Financial Officer (or

19 comparable official), each agency program official shall de20 fine program information needs and develop strategies,

21 systems, and capabilities to meet those needs.

22 ‘‘(5) The head of each agency shall establish a perma23 nent information resources management steering commit24 tee, which shall be chaired by the senior official designated

25 under paragraph (2) and shall include senior program offi-
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1 cials and the Chief Financial Officer (or comparable offi2 cial). Each steering committee shall—

3 ‘‘(A) assist and advise the head of the agency

4 in carrying out information resources management

5 responsibilities of the agency;

6 ‘‘(B) assist and advise the senior official des7 ignated under paragraph (2) in the establishment of

8 performance measures for information resources

9 management that relate to program missions;

10 ‘‘(C) select, control, and evaluate all major in11 formation system initiatives (including acquisitions

12 of information technology) in accordance with the

13 requirements of subsection (h)(5); and

14 ‘‘(D) identify opportunities to redesign business

15 practices and supporting information systems to im16 prove agency performance.

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

18 management, each agency shall—

19 ‘‘(1) develop information systems, processes,

20 and procedures to manage information resources to—

21 ‘‘(A) reduce information collection burdens

22 on the public;

23 ‘‘(B) increase program efficiency and effec24 tiveness; and
25

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

2 utility of information to all users within and

3 outside the agency, including capabilities for en4 suring dissemination of public information, pub5 lic access to government information, and pro6 tections for privacy and security;

7 ‘‘(2) in accordance with guidance by the Direc8 tor, develop and maintain a strategic information re9 sources management plan that shall describe how in10 formation resources management activities help ac11 complish agency missions;

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

13 to—

14 ‘‘(A) ensure that information resources

15 management operations and decisions are inte16 grated with organizational planning, budget, fi17 nancial management, human resources manage18 ment, and program decisions;

19 ‘‘(B) develop and maintain an integrated,

20 comprehensive and controlled process of infor21 mation systems selection, development, and

22 evaluation;

23 ‘‘(C) (B) in cooperation with the agency

24 Chief Financial Officer (or comparable official),

25 develop a full and accurate accounting of infor-
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1 mation technology expenditures, related ex2 penses, and results; and

3 ‘‘(D) (C) establish goals for improving in4 formation resources management’s contribution

5 to program productivity, efficiency, and effec6 tiveness, methods for measuring progress to7 wards those goals, and clear roles and respon8 sibilities for achieving those goals;

9 ‘‘(4) in consultation with the Director, the Ad10 ministrator of General Services, and the Archivist of

11 the United States, maintain a current and complete

12 inventory of the agency’s information resources, in13 cluding directories necessary to fulfill the require14 ments of section 3511 of this chapter; and

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

16 Director of the Office of Personnel Management,

17 conduct formal training programs to educate agency

18 program and management officials about informa19 tion resources management.

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

21 the control of paperwork, each agency shall—

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

23 by the official designated under subsection (a), that

24 is sufficiently independent of program responsibility

25 to evaluate fairly whether proposed collections of in-
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1 formation should be approved under this chapter,

2 to—

3 ‘‘(A) review each collection of information

4 before submission to the Director for review

5 under this chapter, including—

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

7 collection of information;

8 ‘‘(ii) a functional description of the in9 formation to be collected;

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

11 information;

12 ‘‘(iv) a specific, objectively supported

13 estimate of burden;

14 ‘‘(v) a test of the collection of infor15 mation through a pilot program, if appro16 priate; and

17 ‘‘(vi) a plan for the efficient and effec18 tive management and use of the informa19 tion to be collected, including necessary re20 sources;

21 ‘‘(B) ensure that each information collec22 tion—

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

24 number and, if appropriate, an expiration

25 date;
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1 ‘‘(ii) indicates the collection is in ac2 cordance with the clearance requirements

3 of section 3507; and

4 ‘‘(iii) contains a statement to inform

5 the person receiving the collection of infor6 mation—

7 ‘‘(I) the reasons the information

8 is being collected;

9 ‘‘(II) the way such information is

10 to be used;

11 ‘‘(III) an estimate, to the extent

12 practicable, of the burden of the col13 lection; and

14 ‘‘(IV) whether responses to the

15 collection of information are vol16 untary, required to obtain a benefit,

17 or mandatory; and

18 ‘‘(C) assess the information collection bur19 den of proposed legislation affecting the agency;

20 ‘‘(2)(A) except as provided under subparagraph

21 (B), provide 60-day notice in the Federal Register,

22 and otherwise consult with members of the public

23 and affected agencies concerning each proposed col24 lection of information, to solicit comment to—
29

•S 244 RS

1 ‘‘(i) evaluate whether the proposed collec2 tion of information is necessary for the proper

3 performance of the functions of the agency, in4 cluding whether the information shall have

5 practical utility;

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

7 estimate of the burden of the proposed collec8 tion of information;

9 ‘‘(iii) enhance the quality, utility, and clar10 ity of the information to be collected; and

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

12 of information on those who are to respond, in13 cluding through the use of automated collection

14 techniques or other forms of information tech15 nology; and

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

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

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

19 comment through the notice of proposed rulemaking

20 for the proposed rule and such notice shall have the

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

22 through (iv); and

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

24 such certification, including public comments re25 ceived by the agency) that each collection of infor-
30

•S 244 RS

1 mation submitted to the Director for review under

2 section 3507—

3 ‘‘(A) is necessary for the proper perform4 ance of the functions of the agency, including

5 that the information has practical utility;

6 ‘‘(B) is not unnecessarily duplicative of in7 formation otherwise reasonably accessible to the

8 agency;

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

10 appropriate the burden on persons who shall

11 provide information to or for the agency, in12 cluding with respect to small entities, as defined

13 under section 601(6) of title 5, the use of such

14 techniques as—

15 ‘‘(i) establishing differing compliance

16 or reporting requirements or timetables

17 that take into account the resources avail18 able to those who are to respond;

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

20 simplification of compliance and reporting

21 requirements; or

22 ‘‘(iii) an exemption from coverage of

23 the collection of information, or any part

24 thereof;
31

•S 244 RS

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

2 unambiguous terminology and is understand3 able to those who are to respond;

4 ‘‘(E) is to be implemented in ways consist5 ent and compatible, to the maximum extent

6 practicable, with the existing reporting and rec7 ordkeeping practices of those who are to re8 spond;

9 ‘‘(F) contains the statement required

10 under paragraph (1)(B)(iii);

11 ‘‘(G) has been developed by an office that

12 has planned and allocated resources for the effi13 cient and effective management and use of the

14 information to be collected, including the proc15 essing of the information in a manner which

16 shall enhance, where appropriate, the utility of

17 the information to agencies and the public;

18 ‘‘(H) uses effective and efficient statistical

19 survey methodology appropriate to the purpose

20 for which the information is to be collected; and

21 ‘‘(I) to the maximum extent practicable,

22 uses information technology to reduce burden

23 and improve data quality, agency efficiency and

24 responsiveness to the public.
32

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

2 agency shall—

3 ‘‘(1) ensure that the public has timely and equi4 table access to the agency’s public information, in5 cluding ensuring such access through—

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

7 private sources for information based on gov8 ernment public information, and

9 ‘‘(B) agency dissemination of public infor10 mation in an efficient, effective, and economical

11 manner;

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

13 on the agency’s information dissemination activities;

14 and

15 ‘‘(3) not, except where specifically authorized by

16 statute—

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

18 other distribution arrangement that interferes

19 with timely and equitable availability of public

20 information to the public;

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

22 redissemination of public information by the

23 public;

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

25 redissemination of public information; or
33

•S 244 RS

1 ‘‘(D) establish user fees for public informa2 tion that exceed the cost of dissemination.

3 ‘‘(e) With respect to statistical policy and coordina4 tion, each agency shall—

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

6 integrity, and objectivity of information collected or

7 created for statistical purposes;

8 ‘‘(2) inform respondents fully and accurately

9 about the sponsors, purposes, and uses of statistical

10 surveys and studies;

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

12 that disclosure policies fully honor pledges of con13 fidentiality;

14 ‘‘(4) observe Federal standards and practices

15 for data collection, analysis, documentation, sharing,

16 and dissemination of information;

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

18 of statistical surveys and studies, including informa19 tion about the quality and limitations of the surveys

20 and studies; and

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

22 and readily accessible to the public.

23 ‘‘(f) With respect to records management, each agen24 cy shall implement and enforce applicable policies and pro25 cedures, including requirements for archiving information
34

•S 244 RS

1 maintained in electronic format, particularly in the plan2 ning, design and operation of information systems.

3 ‘‘(g) With respect to privacy and security, each agen4 cy shall—

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

6 procedures, standards, and guidelines on privacy,

7 confidentiality, security, disclosure and sharing of

8 information collected or maintained by or for the

9 agency;

10 ‘‘(2) assume responsibility and accountability

11 for compliance with and coordinated management of

12 sections 552 and 552a of title 5, the Computer Se13 curity Act of 1987 (40 U.S.C. 759 note), and relat14 ed information management laws; and

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

16 of 1987 (40 U.S.C. 759 note), identify and afford

17 security protections commensurate with the risk and

18 magnitude of the harm resulting from the loss, mis19 use, or unauthorized access to or modification of in20 formation collected or maintained by or on behalf of

21 an agency.

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

23 each agency shall—

24 ‘‘(1) implement and enforce applicable Govern25 mentwide and agency information technology man-
35

•S 244 RS

1 agement policies, principles, standards, and guide2 lines;

3 ‘‘(2) assume responsibility and accountability

4 for any acquisitions made pursuant to a delegation

5 of authority under section 111 of the Federal Prop6 erty and Administrative Services Act of 1949 (40

7 U.S.C. 759); for information technology investments;

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

9 by the agency to improve the productivity, efficiency,

10 and effectiveness of agency programs, including the

11 reduction of information collection burdens on the

12 public and improved dissemination of public infor13 mation;

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

15 and agency procedures to improve information tech16 nology practices, including changes that improve the

17 ability of the agency to use technology to reduce

18 burden; and

19 ‘‘(5) establish, and be responsible for, a major

20 information system initiative review process, which

21 shall be developed and implemented by the informa22 tion resources management steering committee es23 tablished under subsection (a)(5), consistent with

24 guidelines issued under section 3505(4), and in25 clude—
36

•S 244 RS

1 ‘‘(A) the review of major information sys2 tem initiative proposals and projects (including

3 acquisitions of information technology), ap4 proval or disapproval of each such initiative,

5 and periodic reviews of the development and im6 plementation of such initiatives, including

7 whether the projected benefits have been

8 achieved;

9 ‘‘(B) the use by the committee of specified

10 evaluative techniques and criteria to—

11 ‘‘(i) assess the economy, efficiency, ef12 fectiveness, risks, and priority of system

13 initiatives in relation to mission needs and

14 strategies;

15 ‘‘(ii) estimate and verify life-cycle sys16 tem initiative costs; and

17 ‘‘(iii) assess system initiative privacy,

18 security, records management, and dis19 semination and access capabilities;

20 ‘‘(C) the use, as appropriate, of independ21 ent cost evaluations of data developed under

22 subparagraph (B); and

23 ‘‘(D) the inclusion of relevant information

24 about approved initiatives in the agency’s an25 nual budget request.
37

•S 244 RS

1 ‘‘(5) ensure responsibility for maximizing the

2 value and assessing and managing the risks of major

3 information systems initiatives through a process that

4 is—

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

6 program management decisions; and

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

8 results of major information systems initiatives.

9 ‘‘§ 3507. Public information collection activities; sub10 mission to Director; approval and delega11 tion

12 ‘‘(a) An agency shall not conduct or sponsor the col13 lection of information unless in advance of the adoption

14 or revision of the collection of information—

15 ‘‘(1) the agency has—

16 ‘‘(A) conducted the review established

17 under section 3506(c)(1);

18 ‘‘(B) evaluated the public comments re19 ceived under section 3506(c)(2);

20 ‘‘(C) submitted to the Director the certifi21 cation required under section 3506(c)(3), the

22 proposed collection of information, copies of

23 pertinent statutory authority, regulations, and

24 other related materials as the Director may

25 specify; and
38

•S 244 RS

1 ‘‘(D) published a notice in the Federal

2 Register—

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

4 such submission; and

5 ‘‘(ii) setting forth—

6 ‘‘(I) a title for the collection of

7 information;

8 ‘‘(II) a summary of the collection

9 of information;

10 ‘‘(III) a brief description of the

11 need for the information and the pro12 posed use of the information;

13 ‘‘(IV) a description of the likely

14 respondents and proposed frequency

15 of response to the collection of infor16 mation;

17 ‘‘(V) an estimate of the burden

18 that shall result from the collection of

19 information; and

20 ‘‘(VI) notice that comments may

21 be submitted to the agency and Direc22 tor;

23 ‘‘(2) the Director has approved the proposed

24 collection of information or approval has been in25 ferred, under the provisions of this section; and
39

•S 244 RS

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

2 a control number to be displayed upon the collection

3 of information.

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

5 public comment prior to making a decision under sub6 section (c), (d), or (h), except as provided under sub7 section (j).

8 ‘‘(c)(1) For any proposed collection of information

9 not contained in a proposed rule, the Director shall notify

10 the agency involved of the decision to approve or dis11 approve the proposed collection of information.

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

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

14 of the notice under subsection (a)(1)(D), whichever is

15 later.

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

17 denial or approval within the 60-day period described

18 under paragraph (2)—

19 ‘‘(A) the approval may be inferred;

20 ‘‘(B) a control number shall be assigned with21 out further delay; and

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

23 not more than 2 years.

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

25 contained in a proposed rule—
40

•S 244 RS

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

2 the date of publication of a notice of proposed rule3 making in the Federal Register, each agency shall

4 forward to the Director a copy of any proposed rule

5 which contains a collection of information and any

6 information requested by the Director necessary to

7 make the determination required under this sub8 section; and

9 ‘‘(B) within 60 days after the notice of pro10 posed rulemaking is published in the Federal Reg11 ister, the Director may file public comments pursu12 ant to the standards set forth in section 3508 on the

13 collection of information contained in the proposed

14 rule;

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

16 Register, the agency shall explain—

17 ‘‘(A) how any collection of information con18 tained in the final rule responds to the comments,

19 if any, filed by the Director or the public; or

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

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

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

23 of proposed rulemaking, the Director may not disapprove

24 any collection of information specifically contained in an

25 agency rule.
41

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

2 to prevent the Director, in the Director’s discretion—

3 ‘‘(A) from disapproving any collection of infor4 mation which was not specifically required by an

5 agency rule;

6 ‘‘(B) from disapproving any collection of infor7 mation contained in an agency rule, if the agency

8 failed to comply with the requirements of paragraph

9 (1) of this subsection;

10 ‘‘(C) from disapproving any collection of infor11 mation contained in a final agency rule, if the Direc12 tor finds within 60 days after the publication of the

13 final rule that the agency’s response to the Direc14 tor’s comments filed under paragraph (2) of this

15 subsection was unreasonable; or

16 ‘‘(D) from disapproving any collection of infor17 mation contained in a final rule, if—

18 ‘‘(i) the Director determines that the agen19 cy has substantially modified in the final rule

20 the collection of information contained in the

21 proposed rule; and

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

23 the information required under paragraph (1)

24 with respect to the modified collection of infor-
42

•S 244 RS

1 mation, at least 60 days before the issuance of

2 the final rule.

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

4 publishes a notice of proposed rulemaking and requests

5 public comments.

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

7 act upon a collection of information contained in an agen8 cy rule shall not be subject to judicial review.

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

10 (c), (d), (h), or (j) to disapprove a collection of informa11 tion, or to instruct the agency to make substantive or ma12 terial change to a collection of information, shall be pub13 licly available and include an explanation of the reasons

14 for such decision.

15 ‘‘(2) Any written communication between the Office

16 of the Director, the Administrator of the Office of Infor17 mation and Regulatory Affairs, or any employee of the Of18 fice of Information and Regulatory Affairs and an agency

19 or person not employed by the Federal Government con20 cerning a proposed collection of information shall be made

21 available to the public.

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

23 of—

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

25 times by procedures established for information
43

•S 244 RS

1 which has been specifically authorized under criteria

2 established by an Executive order or an Act of Con3 gress to be kept secret in the interest of national de4 fense or foreign policy; or

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

6 of information which has not been approved under

7 this chapter, the disclosure of which could lead to re8 taliation or discrimination against the communica9 tor.

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

11 administered by 2 or more members of a commission,

12 board, or similar body, may by majority vote void—

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

14 or in part, of a proposed collection of information of

15 that agency; or

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

17 (d) of section 3507 concerning that agency.

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

19 disapproval or exercise to the Director, and explain the

20 reasons for such vote. The Director shall without further

21 delay assign a control number to such collection of infor22 mation, and such vote to void the disapproval or exercise

23 shall be valid for a period of 3 years.

24 ‘‘(g) The Director may not approve a collection of in25 formation for a period in excess of 3 years.
44

•S 244 RS

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

2 Director’s approval granted for a currently approved col3 lection of information, the agency shall—

4 ‘‘(A) conduct the review established under sec5 tion 3506(c), including the seeking of comment from

6 the public on the continued need for, and burden im7 posed by the collection of information; and

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

9 seek public comment, but no later than 60 days be10 fore the expiration date of the control number as11 signed by the Director for the currently approved

12 collection of information, submit the collection of in13 formation for review and approval under this sec14 tion, which shall include an explanation of how the

15 agency has used the information that it has col16 lected.

17 ‘‘(2) If under the provisions of this section, the Direc18 tor disapproves a collection of information contained in an

19 existing rule, or recommends or instructs the agency to

20 make a substantive or material change to a collection of

21 information contained in an existing rule, the Director

22 shall—

23 ‘‘(A) publish an explanation thereof in the Fed24 eral Register; and
45

•S 244 RS

1 ‘‘(B) instruct the agency to undertake a rule2 making within a reasonable time limited to consider3 ation of changes to the collection of information con4 tained in the rule and thereafter to submit the col5 lection of information for approval or disapproval

6 under this chapter.

7 ‘‘(3) An agency may not make a substantive or mate8 rial modification to a collection of information after such

9 collection has been approved by the Director, unless the

10 modification has been submitted to the Director for review

11 and approval under this chapter.

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

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

14 independent of program responsibility to evaluate fairly

15 whether proposed collections of information should be ap16 proved and has sufficient resources to carry out this re17 sponsibility effectively, the Director may, by rule in ac18 cordance with the notice and comment provisions of chap19 ter 5 of title 5, United States Code, delegate to such offi20 cial the authority to approve proposed collections of infor21 mation in specific program areas, for specific purposes,

22 or for all agency purposes.

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

24 shall not preclude the Director from reviewing individual

25 collections of information if the Director determines that
46

•S 244 RS

1 circumstances warrant such a review. The Director shall

2 retain authority to revoke such delegations, both in gen3 eral and with regard to any specific matter. In acting for

4 the Director, any official to whom approval authority has

5 been delegated under this section shall comply fully with

6 the rules and regulations promulgated by the Director.

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

8 authorize collection of information prior to expiration of

9 time periods established under this chapter, if an agency

10 head determines that—

11 ‘‘(A) a collection of information—

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

13 such time periods; and

14 ‘‘(ii) is essential to the mission of the agen15 cy; and

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

17 the provisions of this chapter within such time peri18 ods because—

19 ‘‘(i) public harm is reasonably likely to re20 sult if normal clearance procedures are fol21 lowed; or

22 ‘‘(ii) an unanticipated event has occurred

23 and the use of normal clearance procedures is

24 reasonably likely to prevent or disrupt the col25 lection of information related to the event or is
47

•S 244 RS

1 reasonably likely to cause a statutory or court2 ordered deadline to be missed.

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

4 such authorization request within the time requested by

5 the agency head and, if approved, shall assign the collec6 tion of information a control number. Any collection of

7 information conducted under this subsection may be con8 ducted without compliance with the provisions of this

9 chapter for a maximum of 90 days after the date on which

10 the Director received the request to authorize such collec11 tion.

12 ‘‘§ 3508. Determination of necessity for information;

13 hearing

14 ‘‘Before approving a proposed collection of informa15 tion, the Director shall determine whether the collection

16 of information by the agency is necessary for the proper

17 performance of the functions of the agency, including

18 whether the information shall have practical utility. Before

19 making a determination the Director may give the agency

20 and other interested persons an opportunity to be heard

21 or to submit statements in writing. To the extent that the

22 Director determines that the collection of information by

23 an agency is unnecessary for the proper performance of

24 the functions of the agency, for any reason, the agency

25 may not engage in the collection of information.
48

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1 ‘‘§ 3509. Designation of central collection agency

2 ‘‘The Director may designate a central collection

3 agency to obtain information for two or more agencies if

4 the Director determines that the needs of such agencies

5 for information will be adequately served by a single collec6 tion agency, and such sharing of data is not inconsistent

7 with applicable law. In such cases the Director shall pre8 scribe (with reference to the collection of information) the

9 duties and functions of the collection agency so designated

10 and of the agencies for which it is to act as agent (includ11 ing reimbursement for costs). While the designation is in

12 effect, an agency covered by the designation may not ob13 tain for itself information for the agency which is the duty

14 of the collection agency to obtain. The Director may mod15 ify the designation from time to time as circumstances re16 quire. The authority to designate under this section is sub17 ject to the provisions of section 3507(f) of this chapter.

18 ‘‘§ 3510. Cooperation of agencies in making informa19 tion available

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

21 available to another agency, or an agency may make avail22 able to another agency, information obtained by a collec23 tion of information if the disclosure is not inconsistent

24 with applicable law.

25 ‘‘(b)(1) If information obtained by an agency is re26 leased by that agency to another agency, all the provisions
49

•S 244 RS

1 of law (including penalties which relate to the unlawful

2 disclosure of information) apply to the officers and em3 ployees of the agency to which information is released to

4 the same extent and in the same manner as the provisions

5 apply to the officers and employees of the agency which

6 originally obtained the information.

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

8 which the information is released, in addition, shall be

9 subject to the same provisions of law, including penalties,

10 relating to the unlawful disclosure of information as if the

11 information had been collected directly by that agency.

12 ‘‘§ 3511. Establishment and operation of Government

13 Information Locator Service

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

15 information and to promote information sharing and equi16 table access by the public, the Director shall—

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

18 distributed agency-based electronic Government In19 formation Locator Service (hereafter in this section

20 referred to as the ‘Service’), which shall identify the

21 major information systems, holdings, and dissemina22 tion products of each agency;

23 ‘‘(2) require each agency to establish and main24 tain an agency information locator service as a com-
50

•S 244 RS

1 ponent of, and to support the establishment and op2 eration of the Service;

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

4 United States, the Administrator of General Serv5 ices, the Public Printer, and the Librarian of Con6 gress, establish an interagency committee to advise

7 the Secretary of Commerce on the development of

8 technical standards for the Service to ensure com9 patibility, promote information sharing, and uniform

10 access by the public;

11 ‘‘(4) consider public access and other user

12 needs in the establishment and operation of the

13 Service;

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

15 Service, including measures to ensure that only in16 formation which is intended to be disclosed to the

17 public is disclosed through the Service; and

18 ‘‘(6) periodically review the development and ef19 fectiveness of the Service and make recommenda20 tions for improvement, including other mechanisms

21 for improving public access to Federal agency public

22 information.

23 ‘‘§ 3512. Public protection

24 ‘‘Notwithstanding any other provision of law, no per25 son shall be subject to any penalty for failing to maintain,
51

•S 244 RS

1 provide, or disclose information to or for any agency or

2 person if the collection of information subject to this chap3 ter—

4 ‘‘(1) does not display a valid control number as5 signed by the Director; or

6 ‘‘(2) fails to state that the person who is to re7 spond to the collection of information is not required

8 to comply unless such collection displays a valid con9 trol number.

10 ‘‘§ 3513. Director review of agency activities; report11 ing; agency response

12 ‘‘(a) In consultation with the Administrator of Gen13 eral Services, the Archivist of the United States, the Di14 rector of the National Institute of Standards and Tech15 nology, and the Director of the Office of Personnel Man16 agement, the Director shall periodically review selected

17 agency information resources management activities to as18 certain the efficiency and effectiveness of such activities

19 to improve agency performance and the accomplishment

20 of agency missions.

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

22 subsection (a) shall, within 60 days after receipt of a re23 port on the review, provide a written plan to the Director

24 describing steps (including milestones) to—
52

•S 244 RS

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

2 management problems identified in the report; and

3 ‘‘(2) improve agency performance and the ac4 complishment of agency missions.

5 ‘‘§ 3514. Responsiveness to Congress

6 ‘‘(a)(1) The Director shall—

7 ‘‘(A) keep the Congress and congressional com8 mittees fully and currently informed of the major ac9 tivities under this chapter; and

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

11 President of the Senate and the Speaker of the

12 House of Representatives annually and at such other

13 times as the Director determines necessary.

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

15 a description of the extent to which agencies have—

16 ‘‘(A) reduced information collection burdens on

17 the public, including—

18 ‘‘(i) a summary of accomplishments and

19 planned initiatives to reduce collection of infor20 mation burdens;

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

22 and of any rules, guidelines, policies, and proce23 dures issued pursuant to this chapter; and
53

•S 244 RS

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

2 of information burden, including the authority

3 for each such collection;

4 ‘‘(B) improved the quality and utility of statis5 tical information;

6 ‘‘(C) improved public access to Government in7 formation; and

8 ‘‘(D) improved program performance and the

9 accomplishment of agency missions through informa10 tion resources management.

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

12 section shall be based on performance results reported by

13 the agencies and shall not increase the collection of infor14 mation burden on persons outside the Federal Govern15 ment.

16 ‘‘§ 3515. Administrative powers

17 ‘‘Upon the request of the Director, each agency

18 (other than an independent regulatory agency) shall, to

19 the extent practicable, make its services, personnel, and

20 facilities available to the Director for the performance of

21 functions under this chapter.

22 ‘‘§ 3516. Rules and regulations

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

24 procedures necessary to exercise the authority provided by

25 this chapter.
54

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1 ‘‘§ 3517. Consultation with other agencies and the

2 public

3 ‘‘(a) In developing information resources manage4 ment policies, plans, rules, regulations, procedures, and

5 guidelines and in reviewing collections of information, the

6 Director shall provide interested agencies and persons

7 early and meaningful opportunity to comment.

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

9 any collection of information conducted by or for an agen10 cy to determine, if, under this chapter, a person shall

11 maintain, provide, or disclose the information to or for the

12 agency. Unless the request is frivolous, the Director shall,

13 in coordination with the agency responsible for the collec14 tion of information—

15 ‘‘(1) respond to the request within 60 days

16 after receiving the request, unless such period is ex17 tended by the Director to a specified date and the

18 person making the request is given notice of such ex19 tension; and

20 ‘‘(2) take appropriate remedial action, if nec21 essary.

22 ‘‘§ 3518. Effect on existing laws and regulations

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

24 authority of an agency under any other law to prescribe

25 policies, rules, regulations, and procedures for Federal in-
55

•S 244 RS

1 formation resources management activities is subject to

2 the authority of the Director under this chapter.

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

4 or reduce the authority of the Secretary of Commerce or

5 the Director of the Office of Management and Budget pur6 suant to Reorganization Plan No. 1 of 1977 (as amended)

7 and Executive order, relating to telecommunications and

8 information policy, procurement and management of tele9 communications and information systems, spectrum use,

10 and related matters.

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

12 chapter shall not apply to the collection of information—

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

14 investigation or prosecution, or during the disposi15 tion of a particular criminal matter;

16 ‘‘(B) during the conduct of—

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

18 States or any official or agency thereof is a

19 party; or

20 ‘‘(ii) an administrative action or investiga21 tion involving an agency against specific indi22 viduals or entities;

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

24 Antitrust Civil Process Act and section 13 of the
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1 Federal Trade Commission Improvements Act of

2 1980; or

3 ‘‘(D) during the conduct of intelligence activi4 ties as defined in section 4–206 of Executive Order

5 No. 12036, issued January 24, 1978, or successor

6 orders, or during the conduct of cryptologic activities

7 that are communications security activities.

8 ‘‘(2) This chapter applies to the collection of informa9 tion during the conduct of general investigations (other

10 than information collected in an antitrust investigation to

11 the extent provided in subparagraph (C) of paragraph (1))

12 undertaken with reference to a category of individuals or

13 entities such as a class of licensees or an entire industry.

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

15 increasing or decreasing the authority conferred by Public

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

17 Administration, the Secretary of Commerce, or the Direc18 tor of the Office of Management and Budget.

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

20 increasing or decreasing the authority of the President,

21 the Office of Management and Budget or the Director

22 thereof, under the laws of the United States, with respect

23 to the substantive policies and programs of departments,

24 agencies and offices, including the substantive authority

25 of any Federal agency to enforce the civil rights laws.
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1 ‘‘§ 3519. Access to information

2 ‘‘Under the conditions and procedures prescribed in

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

4 Office of Information and Regulatory Affairs shall furnish

5 such information as the Comptroller General may require

6 for the discharge of the responsibilities of the Comptroller

7 General. For the purpose of obtaining such information,

8 the Comptroller General or representatives thereof shall

9 have access to all books, documents, papers and records,

10 regardless of form or format, of the Office.

11 ‘‘§ 3520. Authorization of appropriations

12 ‘‘(a) Subject to subsection (b), there are authorized

13 to be appropriated to the Office of Information and Regu14 latory Affairs to carry out the provisions of this chapter,

15 and for no other purpose, $8,000,000 for each of the fiscal

16 years 1996, 1997, 1998, 1999, and 2000.

17 ‘‘(b)(1) No funds may be appropriated pursuant to

18 subsection (a) unless such funds are appropriated in an

19 appropriation Act (or continuing resolution) which sepa20 rately and expressly states the amount appropriated pur21 suant to subsection (a) of this section.

22 ‘‘(2) No funds are authorized to be appropriated to

23 the Office of Information and Regulatory Affairs, or to

24 any other officer or administrative unit of the Office of

25 Management and Budget, to carry out the provisions of

26 this chapter, or to carry out any function under this chap-
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1 ter, for any fiscal year pursuant to any provision of law

2 other than subsection (a) of this section.’’.

3 SEC. 3. EFFECTIVE DATE.

4 The provisions of this Act and the amendments made

5 by this Act shall take effect on June 30, 1995.

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