```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                        March 10, 1995.
      Resolved, That the bill from the Senate (S. 244) entitled ``An 
Act to further the goals of the Paperwork Reduction Act to have Federal 
agencies become more responsible and publicly accountable for reducing 
the burden of Federal paperwork on the public, and for other 
purposes'', do pass with the following

                               AMENDMENT:

        Strike out all after the enacting clause, and insert:

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.
``Sec. 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, 
        maintained, 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.
``Sec. 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;
                    ``(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' 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--
                    ``(A) 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
                    ``(B) answers to questions posed to agencies, 
                instrumentalities, or employees of the United States 
                which are to be used for general statistical purposes;
            ``(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;
            ``(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 and processes, automated or manual, 
        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) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 759(a)(2));
            ``(10) the term `person' means an individual, partnership, 
        association, corporation, business trust, or legal 
        representative, an organized group of individuals, a State, 
        territorial, or local government or branch thereof, or a 
        political subdivision of a State, territory, 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; and
            ``(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 or the public of the 
                existence of such records;
                    ``(C) disclose such records to third parties or the 
                public; or
                    ``(D) report to third parties or the public 
                regarding such records.
``Sec. 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.
``Sec. 3504. Authority and functions of Director
    ``(a)(1) 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;
            ``(4) maximize the practical utility of and public benefit 
        from information collected by or for the Federal Government;
            ``(5) establish and oversee standards and guidelines by 
        which agencies are to estimate the burden to comply with a 
        proposed collection of information; and
            ``(6) place an emphasis on minimizing the burden on small 
        businesses with 50 or fewer employees.
    ``(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
                            ``(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));
            ``(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.
``Sec. 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, 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, initiate and 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--
                            ``(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 waive the application of any regulation or 
administrative directive issued by an agency with which the project is 
conducted, including any regulation or directive requiring a collection 
of information, after giving timely notice to the public and the 
Congress regarding the need for such waiver.
``Sec. 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 a senior official 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 for the military departments, 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--
                    ``(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;
                    ``(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) contains a statement to inform the 
                        person receiving the collection of 
                        information--
                                    ``(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; and
                                    ``(IV) whether responses to the 
                                collection of information are 
                                voluntary, required to obtain a 
                                benefit, or mandatory; and
                    ``(C) assess the information collection burden of 
                proposed legislation affecting the agency;
            ``(2)(A) except for good cause or as provided under 
        subparagraph (B), 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);
            ``(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, 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; and
            ``(4) place an emphasis on minimizing the burden on small 
        businesses with 50 or fewer employees.
    ``(d) With respect to information dissemination, each agency 
shall--
            ``(1) ensure that the public has timely, equal, 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, equal, 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;
                    ``(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, except that the 
                Director may waive the application of this subparagraph 
                to an agency, if--
                            ``(i) the head of the agency submits a 
                        written request to the Director, publishes a 
                        notice of the request in the Federal Register, 
                        and provides a copy of the request to the 
                        public upon request;
                            ``(ii) the Director sets forth in writing a 
                        statement of the scope, conditions, and 
                        duration of the waiver and the reasons for 
                        granting it, and makes such statement available 
                        to the public upon request; and
                            ``(iii) the granting of the waiver would 
                        not materially impair the timely and equitable 
                        availability of public information to the 
                        public.
    ``(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, 
        including 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.
``Sec. 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 for good cause or 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.
    ``(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, and after 
        considering the agency's response to the Director's comments 
        filed under paragraph (2), that the collection of information 
        cannot be approved under the standards set forth in section 
        3508; 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.
    ``(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, 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 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
            ``(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 
collection of information prior to expiration of time periods 
established under this chapter, if an agency head determines that--
            ``(A) a collection of information--
                    ``(i) is needed prior to the expiration of such 
                time periods; and
                    ``(ii) is essential to the mission of the agency; 
                and
            ``(B) the agency cannot reasonably comply with the 
        provisions of this chapter within such time periods because--
                    ``(i) public harm is reasonably likely to result if 
                normal clearance procedures are followed; or
                    ``(ii) an unanticipated event has occurred and the 
                use of normal clearance procedures is reasonably likely 
                to prevent or disrupt the collection of information 
                related to the event 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.
``Sec. 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 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.
``Sec. 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.
``Sec. 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 which 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.
``Sec. 3511. Establishment and operation of Government Information 
              Locator Service
    ``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 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.
``Sec. 3512. Public protection
    ``(a) Notwithstanding any other provision of law, no person shall 
be subject to any penalty for failing to maintain or provide 
information to any agency if the collection of information involved was 
made after December 31, 1981, and at the time of the failure did not 
display a current control number assigned by the Director, or fails to 
state that such request is not subject to this chapter.
    ``(b) Actions taken by agencies which are not in compliance with 
subsection (a) of this section shall give rise to a complete defense or 
bar to such action by an agency, which may be raised at any time during 
the agency decision making process or judicial review of the agency 
decision under any available process for judicial review.
``Sec. 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.
``Sec. 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
            ``(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 by 
                at least 10 percent pursuant to section 3505, 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.
``Sec. 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.
``Sec. 3516. Rules and regulations
    ``The Director shall promulgate rules, regulations, or procedures 
necessary to exercise the authority provided by this chapter.
``Sec. 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, the 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--
            ``(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.
``Sec. 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 obtaining, causing to be obtained, soliciting, or 
requiring the disclosure to third parties or the public, of facts or 
opinions--
            ``(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 4-206 of Executive Order No. 12036, issued 
        January 24, 1978, or successor orders, or during the conduct of 
        cryptologic activities that are communications security 
        activities.
    ``(2) This chapter applies to obtaining, causing to be obtained, 
soliciting, or requiring the disclosure to third parties or the public, 
of facts or opinions 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.
``Sec. 3519. Access to information
    ``Under the conditions and procedures prescribed in section 716 of 
title 31, the Director and personnel in the Office of Information 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.
``Sec. 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 such sums as may be necessary.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect October 1, 1995.
            Attest:

                                                                 Clerk.
104th CONGRESS

  1st Session

                                 S. 244

_______________________________________________________________________

                               AMENDMENT
```