II

104TH CONGRESS

1ST SESSION S. 244

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

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.

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’’.
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1 SEC. 2. COORDINATION OF FEDERAL INFORMATION POL2 ICY.

3 Chapter 35 of title 44, United States Code, is amend4 ed to read as follows:

5 ‘‘CHAPTER 35—COORDINATION OF

6 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.

7 ‘‘§ 3501. Purposes

8 ‘‘The purposes of this chapter are to—

9 ‘‘(1) minimize the paperwork burden for indi10 viduals, small businesses, educational and nonprofit

11 institutions, Federal contractors, State, local and

12 tribal governments, and other persons resulting from

13 the collection of information by or for the Federal

14 Government;
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1 ‘‘(2) ensure the greatest possible public benefit

2 from and maximize the utility of information cre3 ated, collected, maintained, used, shared and dis4 seminated by or for the Federal Government;

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

6 practicable and appropriate, make uniform Federal

7 information resources management policies and

8 practices as a means to improve the productivity, ef9 ficiency, and effectiveness of Government programs,

10 including the reduction of information collection bur11 dens on the public and the improvement of service

12 delivery to the public;

13 ‘‘(4) improve the quality and use of Federal in14 formation to strengthen decisionmaking, accountabil15 ity, and openness in Government and society;

16 ‘‘(5) minimize the cost to the Federal Govern17 ment of the creation, collection, maintenance, use,

18 dissemination, and disposition of information;

19 ‘‘(6) strengthen the partnership between the

20 Federal Government and State, local, and tribal gov21 ernments by minimizing the burden and maximizing

22 the utility of information created, collected, main23 tained, used, disseminated, and retained by or for

24 the Federal Government;
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1 ‘‘(7) provide for the dissemination of public in2 formation on a timely basis, on equitable terms, and

3 in a manner that promotes the utility of the infor4 mation to the public and makes effective use of in5 formation technology;

6 ‘‘(8) ensure that the creation, collection, main7 tenance, use, dissemination, and disposition of infor8 mation by or for the Federal Government is consist9 ent with applicable laws, including laws relating to—

10 ‘‘(A) privacy and confidentiality, including

11 section 552a of title 5;

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

13 Computer Security Act of 1987 (Public Law

14 100–235); and

15 ‘‘(C) access to information, including sec16 tion 552 of title 5;

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

18 the Federal statistical system;

19 ‘‘(10) ensure that information technology is ac20 quired, used, and managed to improve performance

21 of agency missions, including the reduction of infor22 mation collection burdens on the public; and

23 ‘‘(11) improve the responsibility and account24 ability of the Office of Management and Budget and

25 all other Federal agencies to Congress and to the
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1 public for implementing the information collection

2 review process, information resources management,

3 and related policies and guidelines established under

4 this chapter.

5 ‘‘§ 3502. Definitions

6 ‘‘As used in this chapter—

7 ‘‘(1) the term ‘agency’ means any executive de8 partment, military department, Government corpora9 tion, Government controlled corporation, or other es10 tablishment in the executive branch of the Govern11 ment (including the Executive Office of the Presi12 dent), or any independent regulatory agency, but

13 does not include—

14 ‘‘(A) the General Accounting Office;

15 ‘‘(B) Federal Election Commission;

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

17 Columbia and of the territories and possessions

18 of the United States, and their various subdivi19 sions; or

20 ‘‘(D) Government-owned contractor-oper21 ated facilities, including laboratories engaged in

22 national defense research and production activi23 ties;

24 ‘‘(2) the term ‘burden’ means time, effort, or fi25 nancial resources expended by persons to generate,
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1 maintain, or provide information to or for a Federal

2 agency, including the resources expended for—

3 ‘‘(A) reviewing instructions;

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

5 technology and systems;

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

7 with any previously applicable instructions and

8 requirements;

9 ‘‘(D) searching data sources;

10 ‘‘(E) completing and reviewing the collec11 tion of information; and

12 ‘‘(F) transmitting, or otherwise disclosing

13 the information;

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

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

16 obtained, soliciting, or requiring the disclosure

17 to third parties or the public, of facts or opin18 ions by or for an agency, regardless of form or

19 format, calling for either—

20 ‘‘(i) answers to identical questions

21 posed to, or identical reporting or record22 keeping requirements imposed on, ten or

23 more persons, other than agencies, instru24 mentalities, or employees of the United

25 States; or
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1 ‘‘(ii) answers to questions posed to

2 agencies, instrumentalities, or employees of

3 the United States which are to be used for

4 general statistical purposes; and

5 ‘‘(B) shall not include a collection of infor6 mation described under section 3518(c)(1);

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

8 the Office of Management and Budget;

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

10 means the Board of Governors of the Federal Re11 serve System, the Commodity Futures Trading Com12 mission, the Consumer Product Safety Commission,

13 the Federal Communications Commission, the Fed14 eral Deposit Insurance Corporation, the Federal En15 ergy Regulatory Commission, the Federal Housing

16 Finance Board, the Federal Maritime Commission,

17 the Federal Trade Commission, the Interstate Com18 merce Commission, the Mine Enforcement Safety

19 and Health Review Commission, the National Labor

20 Relations Board, the Nuclear Regulatory Commis21 sion, the Occupational Safety and Health Review

22 Commission, the Postal Rate Commission, the Secu23 rities and Exchange Commission, and any other

24 similar agency designated by statute as a Federal

25 independent regulatory agency or commission;
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1 ‘‘(6) the term ‘information resources’ means in2 formation and related resources, such as personnel,

3 equipment, funds, and information technology;

4 ‘‘(7) the term ‘information resources manage5 ment’ means the process of managing information

6 resources to accomplish agency missions and to im7 prove agency performance, including through the re8 duction of information collection burdens on the

9 public;

10 ‘‘(8) the term ‘information system’ means a dis11 crete set of information resources and processes,

12 automated or manual, organized for the collection,

13 processing, maintenance, use, sharing, dissemina14 tion, or disposition of information;

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

16 same meaning as the term ‘automatic data process17 ing equipment’ as defined by section 111(a)(2) of

18 the Federal Property and Administrative Services

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

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

21 partnership, association, corporation, business trust,

22 or legal representative, an organized group of indi23 viduals, a State, territorial, or local government or

24 branch thereof, or a political subdivision of a State,
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1 territory, or local government or a branch of a politi2 cal subdivision;

3 ‘‘(11) the term ‘practical utility’ means the abil4 ity of an agency to use information, particularly the

5 capability to process such information in a timely

6 and useful fashion;

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

8 information, regardless of form or format, that an

9 agency discloses, disseminates, or makes available to

10 the public; and

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

12 means a requirement imposed by or for an agency

13 on persons to maintain specified records.

14 ‘‘§ 3503. Office of Information and Regulatory Affairs

15 ‘‘(a) There is established in the Office of Manage16 ment and Budget an office to be known as the Office of

17 Information and Regulatory Affairs.

18 ‘‘(b) There shall be at the head of the Office an Ad19 ministrator who shall be appointed by the President, by

20 and with the advice and consent of the Senate. The Direc21 tor shall delegate to the Administrator the authority to

22 administer all functions under this chapter, except that

23 any such delegation shall not relieve the Director of re24 sponsibility for the administration of such functions. The
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1 Administrator shall serve as principal adviser to the Direc2 tor on Federal information resources management policy.

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

4 of Information and Regulatory Affairs shall be appointed

5 with special attention to professional qualifications re6 quired to administer the functions of the Office described

7 under this chapter. Such qualifications shall include rel8 evant education, work experience, or related professional

9 activities.

10 ‘‘§ 3504. Authority and functions of Director

11 ‘‘(a)(1) The Director shall oversee the use of informa12 tion resources to improve the efficiency and effectiveness

13 of governmental operations to serve agency missions, in14 cluding service delivery to the public. In performing such

15 oversight, the Director shall—

16 ‘‘(A) develop, coordinate and oversee the imple17 mentation of Federal information resources manage18 ment policies, principles, standards, and guidelines;

19 and

20 ‘‘(B) provide direction and oversee—

21 ‘‘(i) the review of the collection of informa22 tion and the reduction of the information collec23 tion burden;

24 ‘‘(ii) agency dissemination of and public

25 access to information;
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1 ‘‘(iii) statistical activities;

2 ‘‘(iv) records management activities;

3 ‘‘(v) privacy, confidentiality, security, dis4 closure, and sharing of information; and

5 ‘‘(vi) the acquisition and use of informa6 tion technology.

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

8 shall be exercised consistent with applicable law.

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

10 management policy, the Director shall—

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

12 uniform information resources management policies,

13 principles, standards, and guidelines;

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

15 access to public information, including through—

16 ‘‘(A) the use of the Government Informa17 tion Locator Service; and

18 ‘‘(B) the development and utilization of

19 common standards for information collection,

20 storage, processing and communication, includ21 ing standards for security, interconnectivity and

22 interoperability;

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

24 in legislation, regulations, and agency procedures to
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1 improve information resources management prac2 tices;

3 ‘‘(4) oversee the development and implementa4 tion of best practices in information resources man5 agement, including training; and

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

7 management functions with information resources

8 management functions.

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

10 the control of paperwork, the Director shall—

11 ‘‘(1) review proposed agency collections of infor12 mation, and in accordance with section 3508, deter13 mine whether the collection of information by or for

14 an agency is necessary for the proper performance

15 of the functions of the agency, including whether the

16 information shall have practical utility;

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

18 information associated with Federal procurement

19 and acquisition by the Office of Information and

20 Regulatory Affairs with the Office of Federal Pro21 curement Policy, with particular emphasis on apply22 ing information technology to improve the efficiency

23 and effectiveness of Federal procurement and acqui24 sition and to reduce information collection burdens

25 on the public;
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1 ‘‘(3) minimize the Federal information collec2 tion burden, with particular emphasis on those indi3 viduals and entities most adversely affected;

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

5 benefit from information collected by or for the Fed6 eral Government; and

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

9 to comply with a proposed collection of information.

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

11 Director shall develop and oversee the implementation of

12 policies, principles, standards, and guidelines to—

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

14 public information, regardless of the form or format

15 in which such information is disseminated; and

16 ‘‘(2) promote public access to public informa17 tion and fulfill the purposes of this chapter, includ18 ing through the effective use of information tech19 nology.

20 ‘‘(e) With respect to statistical policy and coordina21 tion, the Director shall—

22 ‘‘(1) coordinate the activities of the Federal sta23 tistical system to ensure—

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

25 system; and
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1 ‘‘(B) the integrity, objectivity, impartiality,

2 utility, and confidentiality of information col3 lected for statistical purposes;

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

5 are consistent with system-wide priorities for main6 taining and improving the quality of Federal statis7 tics and prepare an annual report on statistical pro8 gram funding;

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

10 Governmentwide policies, principles, standards, and

11 guidelines concerning—

12 ‘‘(A) statistical collection procedures and

13 methods;

14 ‘‘(B) statistical data classification;

15 ‘‘(C) statistical information presentation

16 and dissemination;

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

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

19 be required for the administration of Federal

20 programs;

21 ‘‘(4) evaluate statistical program performance

22 and agency compliance with Governmentwide poli23 cies, principles, standards and guidelines;
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1 ‘‘(5) promote the sharing of information col2 lected for statistical purposes consistent with privacy

3 rights and confidentiality pledges;

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

5 States in international statistical activities, including

6 the development of comparable statistics;

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

8 trained and experienced professional statistician to

9 carry out the functions described under this sub10 section;

11 ‘‘(8) establish an Interagency Council on Statis12 tical Policy to advise and assist the Director in car13 rying out the functions under this subsection that

14 shall—

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

16 and

17 ‘‘(B) consist of—

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

19 programs; and

20 ‘‘(ii) representatives of other statis21 tical agencies under rotating membership;

22 and

23 ‘‘(9) provide opportunities for training in statis24 tical policy functions to employees of the Federal

25 Government under which—
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1 ‘‘(A) each trainee shall be selected at the

2 discretion of the Director based on agency re3 quests and shall serve under the chief statisti4 cian for at least 6 months and not more than

5 1 year; and

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

7 by the agency requesting training.

8 ‘‘(f) With respect to records management, the Direc9 tor shall—

10 ‘‘(1) provide advice and assistance to the Archi11 vist of the United States and the Administrator of

12 General Services to promote coordination in the ad13 ministration of chapters 29, 31, and 33 of this title

14 with the information resources management policies,

15 principles, standards, and guidelines established

16 under this chapter;

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

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

19 and 33 of this title; and

20 ‘‘(B) regulations promulgated by the Ar21 chivist of the United States and the Adminis22 trator of General Services; and

23 ‘‘(3) oversee the application of records manage24 ment policies, principles, standards, and guidelines,

25 including requirements for archiving information
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1 maintained in electronic format, in the planning and

2 design of information systems.

3 ‘‘(g) With respect to privacy and security, the Direc4 tor shall—

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

6 policies, principles, standards, and guidelines on pri7 vacy, confidentiality, security, disclosure and sharing

8 of information collected or maintained by or for

9 agencies;

10 ‘‘(2) oversee and coordinate compliance with

11 sections 552 and 552a of title 5, the Computer Se12 curity Act of 1987 (40 U.S.C. 759 note), and relat13 ed information management laws; and

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

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

16 note), to identify and afford security protections

17 commensurate with the risk and magnitude of the

18 harm resulting from the loss, misuse, or unauthor19 ized access to or modification of information col20 lected or maintained by or on behalf of an agency.

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

22 the Director shall—

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

24 National Institute of Standards and Technology and

25 the Administrator of General Services—
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1 ‘‘(A) develop and oversee the implementa2 tion of policies, principles, standards, and

3 guidelines for information technology functions

4 and activities of the Federal Government, in5 cluding periodic evaluations of major informa6 tion systems; and

7 ‘‘(B) oversee the development and imple8 mentation of standards under section 111(d) of

9 the Federal Property and Administrative Serv10 ices Act of 1949 (40 U.S.C. 759(d));

11 ‘‘(2) monitor the effectiveness of, and compli12 ance with, directives issued under sections 110 and

13 111 of the Federal Property and Administrative

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

15 review proposed determinations under section 111(e)

16 of such Act;

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

18 the Office of Information and Regulatory Affairs of

19 policy associated with Federal procurement and ac20 quisition of information technology with the Office of

21 Federal Procurement Policy;

22 ‘‘(4) ensure, through the review of agency budg23 et proposals, information resources management

24 plans and other means—
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1 ‘‘(A) agency integration of information re2 sources management plans, program plans and

3 budgets for acquisition and use of information

4 technology; and

5 ‘‘(B) the efficiency and effectiveness of

6 inter-agency information technology initiatives

7 to improve agency performance and the accom8 plishment of agency missions; and

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

10 by the Federal Government to improve the produc11 tivity, efficiency, and effectiveness of Federal pro12 grams, including through dissemination of public in13 formation and the reduction of information collection

14 burdens on the public.

15 ‘‘§ 3505. Assignment of tasks and deadlines

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

17 Director shall—

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

19 annual Governmentwide goal for the reduction of in20 formation collection burdens by at least five percent,

21 and set annual agency goals to—

22 ‘‘(A) reduce information collection burdens

23 imposed on the public that—

24 ‘‘(i) represent the maximum prac25 ticable opportunity in each agency; and
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1 ‘‘(ii) are consistent with improving

2 agency management of the process for the

3 review of collections of information estab4 lished under section 3506(c); and

5 ‘‘(B) improve information resources man6 agement in ways that increase the productivity,

7 efficiency and effectiveness of Federal pro8 grams, including service delivery to the public;

9 ‘‘(2) with selected agencies and non-Federal en10 tities on a voluntary basis, conduct pilot projects to

11 test alternative policies, practices, regulations, and

12 procedures to fulfill the purposes of this chapter,

13 particularly with regard to minimizing the Federal

14 information collection burden;

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

16 General Services, the Director of the National Insti17 tute of Standards and Technology, the Archivist of

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

19 Personnel Management, develop and maintain a

20 Governmentwide strategic plan for information re21 sources management, that shall include—

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

23 means by which the Federal Government shall

24 apply information resources to improve agency

25 and program performance;
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1 ‘‘(B) plans for—

2 ‘‘(i) reducing information burdens on

3 the public, including reducing such bur4 dens through the elimination of duplication

5 and meeting shared data needs with shared

6 resources;

7 ‘‘(ii) enhancing public access to and

8 dissemination of, information, using elec9 tronic and other formats; and

10 ‘‘(iii) meeting the information tech11 nology needs of the Federal Government in

12 accordance with the requirements of sec13 tions 110 and 111 of the Federal Property

14 and Administrative Services Act of 1949

15 (40 U.S.C. 757 and 759), and the pur16 poses of this chapter; and

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

18 information resources management to improve

19 agency performance and the accomplishment of

20 missions; and

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

22 General Services, issue guidelines for the establish23 ment and operation in each agency of a process, as

24 required under section 3506(h)(5) of this chapter, to
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1 review major information systems initiatives, includ2 ing acquisition and use of information technology.

3 ‘‘§ 3506. Federal agency responsibilities

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

5 for—

6 ‘‘(A) carrying out the agency’s information re7 sources management activities to improve agency

8 productivity, efficiency, and effectiveness; and

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

10 chapter and related policies established by the Direc11 tor.

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

13 the head of each agency shall designate a senior official

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

15 the responsibilities of the agency under this chapter.

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

17 and the Secretary of each military department may each

18 designate a senior official who shall report directly to such

19 Secretary to carry out the responsibilities of the depart20 ment under this chapter. If more than one official is des21 ignated for the military departments, the respective duties

22 of the officials shall be clearly delineated.

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

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

25 compliance with and prompt, efficient, and effective imple-
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1 mentation of the information policies and information re2 sources management responsibilities established under

3 this chapter, including the reduction of information collec4 tion burdens on the public. The senior official and employ5 ees of such office shall be selected with special attention

6 to the professional qualifications required to administer

7 the functions described under this chapter.

8 ‘‘(4) Each agency program official shall be respon9 sible and accountable for information resources assigned

10 to and supporting the programs under such official. In

11 consultation with the senior official designated under

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

13 comparable official), each agency program official shall de14 fine program information needs and develop strategies,

15 systems, and capabilities to meet those needs.

16 ‘‘(5) The head of each agency shall establish a perma17 nent information resources management steering commit18 tee, which shall be chaired by the senior official designated

19 under paragraph (2) and shall include senior program offi20 cials and the Chief Financial Officer (or comparable offi21 cial). Each steering committee shall—

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

23 in carrying out information resources management

24 responsibilities of the agency;
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1 ‘‘(B) assist and advise the senior official des2 ignated under paragraph (2) in the establishment of

3 performance measures for information resources

4 management that relate to program missions;

5 ‘‘(C) select, control, and evaluate all major in6 formation system initiatives (including acquisitions

7 of information technology) in accordance with the

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

9 ‘‘(D) identify opportunities to redesign business

10 practices and supporting information systems to im11 prove agency performance.

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

13 management, each agency shall—

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

15 and procedures to—

16 ‘‘(A) reduce information collection burdens

17 on the public;

18 ‘‘(B) increase program efficiency and effec19 tiveness; and

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

21 utility of information to all users within and

22 outside the agency, including capabilities for en23 suring dissemination of public information, pub24 lic access to government information, and pro25 tections for privacy and security;
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1 ‘‘(2) in accordance with guidance by the Direc2 tor, develop and maintain a strategic information re3 sources management plan that shall describe how in4 formation resources management activities help ac5 complish agency missions;

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

7 to—

8 ‘‘(A) ensure that information resources

9 management operations and decisions are inte10 grated with organizational planning, budget, fi11 nancial management, human resources manage12 ment, and program decisions;

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

14 comprehensive and controlled process of infor15 mation systems selection, development, and

16 evaluation;

17 ‘‘(C) in cooperation with the agency Chief

18 Financial Officer (or comparable official), de19 velop a full and accurate accounting of informa20 tion technology expenditures, related expenses,

21 and results; and

22 ‘‘(D) establish goals for improving infor23 mation resources management’s contribution to

24 program productivity, efficiency, and effective25 ness, methods for measuring progress towards
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1 those goals, and clear roles and responsibilities

2 for achieving those goals;

3 ‘‘(4) in consultation with the Director, the Ad4 ministrator of General Services, and the Archivist of

5 the United States, maintain a current and complete

6 inventory of the agency’s information resources, in7 cluding directories necessary to fulfill the require8 ments of section 3511 of this chapter; and

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

10 Director of the Office of Personnel Management,

11 conduct formal training programs to educate agency

12 program and management officials about informa13 tion resources management.

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

15 the control of paperwork, each agency shall—

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

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

18 is sufficiently independent of program responsibility

19 to evaluate fairly whether proposed collections of in20 formation should be approved under this chapter,

21 to—

22 ‘‘(A) review each collection of information

23 before submission to the Director for review

24 under this chapter, including—
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1 ‘‘(i) an evaluation of the need for the

2 collection of information;

3 ‘‘(ii) a functional description of the in4 formation to be collected;

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

6 information;

7 ‘‘(iv) a specific, objectively supported

8 estimate of burden;

9 ‘‘(v) a test of the collection of infor10 mation through a pilot program, if appro11 priate; and

12 ‘‘(vi) a plan for the efficient and effec13 tive management and use of the informa14 tion to be collected, including necessary re15 sources;

16 ‘‘(B) ensure that each information collec17 tion—

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

19 number and, if appropriate, an expiration

20 date;

21 ‘‘(ii) indicates the collection is in ac22 cordance with the clearance requirements

23 of section 3507; and
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1 ‘‘(iii) contains a statement to inform

2 the person receiving the collection of infor3 mation—

4 ‘‘(I) the reasons the information

5 is being collected;

6 ‘‘(II) the way such information is

7 to be used;

8 ‘‘(III) an estimate, to the extent

9 practicable, of the burden of the col10 lection; and

11 ‘‘(IV) whether responses to the

12 collection of information are vol13 untary, required to obtain a benefit,

14 or mandatory; and

15 ‘‘(C) assess the information collection bur16 den of proposed legislation affecting the agency;

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

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

19 and otherwise consult with members of the public

20 and affected agencies concerning each proposed col21 lection of information, to solicit comment to—

22 ‘‘(i) evaluate whether the proposed collec23 tion of information is necessary for the proper

24 performance of the functions of the agency, in-
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1 cluding whether the information shall have

2 practical utility;

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

4 estimate of the burden of the proposed collec5 tion of information;

6 ‘‘(iii) enhance the quality, utility, and clar7 ity of the information to be collected; and

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

9 of information on those who are to respond, in10 cluding through the use of automated collection

11 techniques or other forms of information tech12 nology; and

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

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

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

16 comment through the notice of proposed rulemaking

17 for the proposed rule and such notice shall have the

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

19 through (iv); and

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

21 such certification, including public comments re22 ceived by the agency) that each collection of infor23 mation submitted to the Director for review under

24 section 3507—
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1 ‘‘(A) is necessary for the proper perform2 ance of the functions of the agency, including

3 that the information has practical utility;

4 ‘‘(B) is not unnecessarily duplicative of in5 formation otherwise reasonably accessible to the

6 agency;

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

8 appropriate the burden on persons who shall

9 provide information to or for the agency, in10 cluding with respect to small entities, as defined

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

12 techniques as—

13 ‘‘(i) establishing differing compliance

14 or reporting requirements or timetables

15 that take into account the resources avail16 able to those who are to respond;

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

18 simplification of compliance and reporting

19 requirements; or

20 ‘‘(iii) an exemption from coverage of

21 the collection of information, or any part

22 thereof;

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

24 unambiguous terminology and is understand25 able to those who are to respond;
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1 ‘‘(E) is to be implemented in ways consist2 ent and compatible, to the maximum extent

3 practicable, with the existing reporting and rec4 ordkeeping practices of those who are to re5 spond;

6 ‘‘(F) contains the statement required

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

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

9 has planned and allocated resources for the effi10 cient and effective management and use of the

11 information to be collected, including the proc12 essing of the information in a manner which

13 shall enhance, where appropriate, the utility of

14 the information to agencies and the public;

15 ‘‘(H) uses effective and efficient statistical

16 survey methodology appropriate to the purpose

17 for which the information is to be collected; and

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

19 uses information technology to reduce burden

20 and improve data quality, agency efficiency and

21 responsiveness to the public.

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

23 agency shall—
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1 ‘‘(1) ensure that the public has timely and equi2 table access to the agency’s public information, in3 cluding ensuring such access through—

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

5 private sources for information based on gov6 ernment public information, and

7 ‘‘(B) agency dissemination of public infor8 mation in an efficient, effective, and economical

9 manner;

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

11 on the agency’s information dissemination activities;

12 and

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

14 statute—

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

16 other distribution arrangement that interferes

17 with timely and equitable availability of public

18 information to the public;

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

20 redissemination of public information by the

21 public;

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

23 redissemination of public information; or

24 ‘‘(D) establish user fees for public informa25 tion that exceed the cost of dissemination.
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1 ‘‘(e) With respect to statistical policy and coordina2 tion, each agency shall—

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

4 integrity, and objectivity of information collected or

5 created for statistical purposes;

6 ‘‘(2) inform respondents fully and accurately

7 about the sponsors, purposes, and uses of statistical

8 surveys and studies;

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

10 that disclosure policies fully honor pledges of con11 fidentiality;

12 ‘‘(4) observe Federal standards and practices

13 for data collection, analysis, documentation, sharing,

14 and dissemination of information;

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

16 of statistical surveys and studies, including informa17 tion about the quality and limitations of the surveys

18 and studies; and

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

20 and readily accessible to the public.

21 ‘‘(f) With respect to records management, each agen22 cy shall implement and enforce applicable policies and pro23 cedures, including requirements for archiving information

24 maintained in electronic format, particularly in the plan25 ning, design and operation of information systems.
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1 ‘‘(g) With respect to privacy and security, each agen2 cy shall—

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

4 procedures, standards, and guidelines on privacy,

5 confidentiality, security, disclosure and sharing of

6 information collected or maintained by or for the

7 agency;

8 ‘‘(2) assume responsibility and accountability

9 for compliance with and coordinated management of

10 sections 552 and 552a of title 5, the Computer Se11 curity Act of 1987 (40 U.S.C. 759 note), and relat12 ed information management laws; and

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

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

15 security protections commensurate with the risk and

16 magnitude of the harm resulting from the loss, mis17 use, or unauthorized access to or modification of in18 formation collected or maintained by or on behalf of

19 an agency.

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

21 each agency shall—

22 ‘‘(1) implement and enforce applicable Govern23 mentwide and agency information technology man24 agement policies, principles, standards, and guide25 lines;
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1 ‘‘(2) assume responsibility and accountability

2 for any acquisitions made pursuant to a delegation

3 of authority under section 111 of the Federal Prop4 erty and Administrative Services Act of 1949 (40

5 U.S.C. 759);

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

7 by the agency to improve the productivity, efficiency,

8 and effectiveness of agency programs, including the

9 reduction of information collection burdens on the

10 public and improved dissemination of public infor11 mation;

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

13 and agency procedures to improve information tech14 nology practices, including changes that improve the

15 ability of the agency to use technology to reduce

16 burden; and

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

18 information system initiative review process, which

19 shall be developed and implemented by the informa20 tion resources management steering committee es21 tablished under subsection (a)(5), consistent with

22 guidelines issued under section 3505(4), and in23 clude—

24 ‘‘(A) the review of major information sys25 tem initiative proposals and projects (including
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1 acquisitions of information technology), ap2 proval or disapproval of each such initiative,

3 and periodic reviews of the development and im4 plementation of such initiatives, including

5 whether the projected benefits have been

6 achieved;

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

8 evaluative techniques and criteria to—

9 ‘‘(i) assess the economy, efficiency, ef10 fectiveness, risks, and priority of system

11 initiatives in relation to mission needs and

12 strategies;

13 ‘‘(ii) estimate and verify life-cycle sys14 tem initiative costs; and

15 ‘‘(iii) assess system initiative privacy,

16 security, records management, and dis17 semination and access capabilities;

18 ‘‘(C) the use, as appropriate, of independ19 ent cost evaluations of data developed under

20 subparagraph (B); and

21 ‘‘(D) the inclusion of relevant information

22 about approved initiatives in the agency’s an23 nual budget request.
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1 ‘‘§ 3507. Public information collection activities; sub2 mission to Director; approval and delega3 tion

4 ‘‘(a) An agency shall not conduct or sponsor the col5 lection of information unless in advance of the adoption

6 or revision of the collection of information—

7 ‘‘(1) the agency has—

8 ‘‘(A) conducted the review established

9 under section 3506(c)(1);

10 ‘‘(B) evaluated the public comments re11 ceived under section 3506(c)(2);

12 ‘‘(C) submitted to the Director the certifi13 cation required under section 3506(c)(3), the

14 proposed collection of information, copies of

15 pertinent statutory authority, regulations, and

16 other related materials as the Director may

17 specify; and

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

19 Register—

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

21 such submission; and

22 ‘‘(ii) setting forth—

23 ‘‘(I) a title for the collection of

24 information;

25 ‘‘(II) a summary of the collection

26 of information;
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1 ‘‘(III) a brief description of the

2 need for the information and the pro3 posed use of the information;

4 ‘‘(IV) a description of the likely

5 respondents and proposed frequency

6 of response to the collection of infor7 mation;

8 ‘‘(V) an estimate of the burden

9 that shall result from the collection of

10 information; and

11 ‘‘(VI) notice that comments may

12 be submitted to the agency and Direc13 tor;

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

15 collection of information or approval has been in16 ferred, under the provisions of this section; and

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

18 a control number to be displayed upon the collection

19 of information.

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

21 public comment prior to making a decision under sub22 section (c), (d), or (h), except as provided under sub23 section (j).

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

25 not contained in a proposed rule, the Director shall notify
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1 the agency involved of the decision to approve or dis2 approve the proposed collection of information.

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

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

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

6 later.

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

8 denial or approval within the 60-day period described

9 under paragraph (2)—

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

11 ‘‘(B) a control number shall be assigned with12 out further delay; and

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

14 not more than 2 years.

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

16 contained in a proposed rule—

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

18 the date of publication of a notice of proposed rule19 making in the Federal Register, each agency shall

20 forward to the Director a copy of any proposed rule

21 which contains a collection of information and any

22 information requested by the Director necessary to

23 make the determination required under this sub24 section; and
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1 ‘‘(B) within 60 days after the notice of pro2 posed rulemaking is published in the Federal Reg3 ister, the Director may file public comments pursu4 ant to the standards set forth in section 3508 on the

5 collection of information contained in the proposed

6 rule;

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

8 Register, the agency shall explain—

9 ‘‘(A) how any collection of information con10 tained in the final rule responds to the comments,

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

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

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

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

15 of proposed rulemaking, the Director may not disapprove

16 any collection of information specifically contained in an

17 agency rule.

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

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

20 ‘‘(A) from disapproving any collection of infor21 mation which was not specifically required by an

22 agency rule;

23 ‘‘(B) from disapproving any collection of infor24 mation contained in an agency rule, if the agency
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1 failed to comply with the requirements of paragraph

2 (1) of this subsection;

3 ‘‘(C) from disapproving any collection of infor4 mation contained in a final agency rule, if the Direc5 tor finds within 60 days after the publication of the

6 final rule that the agency’s response to the Direc7 tor’s comments filed under paragraph (2) of this

8 subsection was unreasonable; or

9 ‘‘(D) from disapproving any collection of infor10 mation contained in a final rule, if—

11 ‘‘(i) the Director determines that the agen12 cy has substantially modified in the final rule

13 the collection of information contained in the

14 proposed rule; and

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

16 the information required under paragraph (1)

17 with respect to the modified collection of infor18 mation, at least 60 days before the issuance of

19 the final rule.

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

21 publishes a notice of proposed rulemaking and requests

22 public comments.

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

24 act upon a collection of information contained in an agen25 cy rule shall not be subject to judicial review.
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1 ‘‘(e)(1) Any decision by the Director under subsection

2 (c), (d), (h), or (j) to disapprove a collection of informa3 tion, or to instruct the agency to make substantive or ma4 terial change to a collection of information, shall be pub5 licly available and include an explanation of the reasons

6 for such decision.

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

8 of the Director, the Administrator of the Office of Infor9 mation and Regulatory Affairs, or any employee of the Of10 fice of Information and Regulatory Affairs and an agency

11 or person not employed by the Federal Government con12 cerning a proposed collection of information shall be made

13 available to the public.

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

15 of—

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

17 times by procedures established for information

18 which has been specifically authorized under criteria

19 established by an Executive order or an Act of Con20 gress to be kept secret in the interest of national de21 fense or foreign policy; or

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

23 of information which has not been approved under

24 this chapter, the disclosure of which could lead to re-
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1 taliation or discrimination against the communica2 tor.

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

4 administered by 2 or more members of a commission,

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

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

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

8 that agency; or

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

10 (d) of section 3507 concerning that agency.

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

12 disapproval or exercise to the Director, and explain the

13 reasons for such vote. The Director shall without further

14 delay assign a control number to such collection of infor15 mation, and such vote to void the disapproval or exercise

16 shall be valid for a period of 3 years.

17 ‘‘(g) The Director may not approve a collection of in18 formation for a period in excess of 3 years.

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

20 Director’s approval granted for a currently approved col21 lection of information, the agency shall—

22 ‘‘(A) conduct the review established under sec23 tion 3506(c), including the seeking of comment from

24 the public on the continued need for, and burden im25 posed by the collection of information; and
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1 ‘‘(B) after having made a reasonable effort to

2 seek public comment, but no later than 60 days be3 fore the expiration date of the control number as4 signed by the Director for the currently approved

5 collection of information, submit the collection of in6 formation for review and approval under this sec7 tion, which shall include an explanation of how the

8 agency has used the information that it has col9 lected.

10 ‘‘(2) If under the provisions of this section, the Direc11 tor disapproves a collection of information contained in an

12 existing rule, or recommends or instructs the agency to

13 make a substantive or material change to a collection of

14 information contained in an existing rule, the Director

15 shall—

16 ‘‘(A) publish an explanation thereof in the Fed17 eral Register; and

18 ‘‘(B) instruct the agency to undertake a rule19 making within a reasonable time limited to consider20 ation of changes to the collection of information con21 tained in the rule and thereafter to submit the col22 lection of information for approval or disapproval

23 under this chapter.

24 ‘‘(3) An agency may not make a substantive or mate25 rial modification to a collection of information after such
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1 collection has been approved by the Director, unless the

2 modification has been submitted to the Director for review

3 and approval under this chapter.

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

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

6 independent of program responsibility to evaluate fairly

7 whether proposed collections of information should be ap8 proved and has sufficient resources to carry out this re9 sponsibility effectively, the Director may, by rule in ac10 cordance with the notice and comment provisions of chap11 ter 5 of title 5, United States Code, delegate to such offi12 cial the authority to approve proposed collections of infor13 mation in specific program areas, for specific purposes,

14 or for all agency purposes.

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

16 shall not preclude the Director from reviewing individual

17 collections of information if the Director determines that

18 circumstances warrant such a review. The Director shall

19 retain authority to revoke such delegations, both in gen20 eral and with regard to any specific matter. In acting for

21 the Director, any official to whom approval authority has

22 been delegated under this section shall comply fully with

23 the rules and regulations promulgated by the Director.

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

25 authorize collection of information prior to expiration of
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1 time periods established under this chapter, if an agency

2 head determines that—

3 ‘‘(A) a collection of information—

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

5 such time periods; and

6 ‘‘(ii) is essential to the mission of the agen7 cy; and

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

9 the provisions of this chapter within such time peri10 ods because—

11 ‘‘(i) public harm is reasonably likely to re12 sult if normal clearance procedures are fol13 lowed; or

14 ‘‘(ii) an unanticipated event has occurred

15 and the use of normal clearance procedures is

16 reasonably likely to prevent or disrupt the col17 lection of information related to the event or is

18 reasonably likely to cause a statutory or court19 ordered deadline to be missed.

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

21 such authorization request within the time requested by

22 the agency head and, if approved, shall assign the collec23 tion of information a control number. Any collection of

24 information conducted under this subsection may be con25 ducted without compliance with the provisions of this
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•S 244 IS

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

2 the Director received the request to authorize such collec3 tion.

4 ‘‘§ 3508. Determination of necessity for information;

5 hearing

6 ‘‘Before approving a proposed collection of informa7 tion, the Director shall determine whether the collection

8 of information by the agency is necessary for the proper

9 performance of the functions of the agency, including

10 whether the information shall have practical utility. Before

11 making a determination the Director may give the agency

12 and other interested persons an opportunity to be heard

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

14 Director determines that the collection of information by

15 an agency is unnecessary for the proper performance of

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

17 may not engage in the collection of information.

18 ‘‘§ 3509. Designation of central collection agency

19 ‘‘The Director may designate a central collection

20 agency to obtain information for two or more agencies if

21 the Director determines that the needs of such agencies

22 for information will be adequately served by a single collec23 tion agency, and such sharing of data is not inconsistent

24 with applicable law. In such cases the Director shall pre25 scribe (with reference to the collection of information) the
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1 duties and functions of the collection agency so designated

2 and of the agencies for which it is to act as agent (includ3 ing reimbursement for costs). While the designation is in

4 effect, an agency covered by the designation may not ob5 tain for itself information for the agency which is the duty

6 of the collection agency to obtain. The Director may mod7 ify the designation from time to time as circumstances re8 quire. The authority to designate under this section is sub9 ject to the provisions of section 3507(f) of this chapter.

10 ‘‘§ 3510. Cooperation of agencies in making informa11 tion available

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

13 available to another agency, or an agency may make avail14 able to another agency, information obtained by a collec15 tion of information if the disclosure is not inconsistent

16 with applicable law.

17 ‘‘(b)(1) If information obtained by an agency is re18 leased by that agency to another agency, all the provisions

19 of law (including penalties which relate to the unlawful

20 disclosure of information) apply to the officers and em21 ployees of the agency to which information is released to

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

23 apply to the officers and employees of the agency which

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

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

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

4 relating to the unlawful disclosure of information as if the

5 information had been collected directly by that agency.

6 ‘‘§ 3511. Establishment and operation of Government

7 Information Locator Service

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

9 information and to promote information sharing and equi10 table access by the public, the Director shall—

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

12 distributed agency-based electronic Government In13 formation Locator Service (hereafter in this section

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

15 major information systems, holdings, and dissemina16 tion products of each agency;

17 ‘‘(2) require each agency to establish and main18 tain an agency information locator service as a com19 ponent of, and to support the establishment and op20 eration of the Service;

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

22 United States, the Administrator of General Serv23 ices, the Public Printer, and the Librarian of Con24 gress, establish an interagency committee to advise

25 the Secretary of Commerce on the development of
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1 technical standards for the Service to ensure com2 patibility, promote information sharing, and uniform

3 access by the public;

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

5 needs in the establishment and operation of the

6 Service;

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

8 Service, including measures to ensure that only in9 formation which is intended to be disclosed to the

10 public is disclosed through the Service; and

11 ‘‘(6) periodically review the development and ef12 fectiveness of the Service and make recommenda13 tions for improvement, including other mechanisms

14 for improving public access to Federal agency public

15 information.

16 ‘‘§ 3512. Public protection

17 ‘‘Notwithstanding any other provision of law, no per18 son shall be subject to any penalty for failing to maintain,

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

20 person if the collection of information subject to this chap21 ter—

22 ‘‘(1) does not display a valid control number as23 signed by the Director; or

24 ‘‘(2) fails to state that the person who is to re25 spond to the collection of information is not required
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1 to comply unless such collection displays a valid con2 trol number.

3 ‘‘§ 3513. Director review of agency activities; report4 ing; agency response

5 ‘‘(a) In consultation with the Administrator of Gen6 eral Services, the Archivist of the United States, the Di7 rector of the National Institute of Standards and Tech8 nology, and the Director of the Office of Personnel Man9 agement, the Director shall periodically review selected

10 agency information resources management activities to as11 certain the efficiency and effectiveness of such activities

12 to improve agency performance and the accomplishment

13 of agency missions.

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

15 subsection (a) shall, within 60 days after receipt of a re16 port on the review, provide a written plan to the Director

17 describing steps (including milestones) to—

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

19 management problems identified in the report; and

20 ‘‘(2) improve agency performance and the ac21 complishment of agency missions.

22 ‘‘§ 3514. Responsiveness to Congress

23 ‘‘(a)(1) The Director shall—
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1 ‘‘(A) keep the Congress and congressional com2 mittees fully and currently informed of the major ac3 tivities under this chapter; and

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

5 President of the Senate and the Speaker of the

6 House of Representatives annually and at such other

7 times as the Director determines necessary.

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

9 a description of the extent to which agencies have—

10 ‘‘(A) reduced information collection burdens on

11 the public, including—

12 ‘‘(i) a summary of accomplishments and

13 planned initiatives to reduce collection of infor14 mation burdens;

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

16 and of any rules, guidelines, policies, and proce17 dures issued pursuant to this chapter; and

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

19 of information burden, including the authority

20 for each such collection;

21 ‘‘(B) improved the quality and utility of statis22 tical information;

23 ‘‘(C) improved public access to Government in24 formation; and
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1 ‘‘(D) improved program performance and the

2 accomplishment of agency missions through informa3 tion resources management.

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

5 section shall be based on performance results reported by

6 the agencies and shall not increase the collection of infor7 mation burden on persons outside the Federal Govern8 ment.

9 ‘‘§ 3515. Administrative powers

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

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

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

13 facilities available to the Director for the performance of

14 functions under this chapter.

15 ‘‘§ 3516. Rules and regulations

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

17 procedures necessary to exercise the authority provided by

18 this chapter.

19 ‘‘§ 3517. Consultation with other agencies and the

20 public

21 ‘‘(a) In developing information resources manage22 ment policies, plans, rules, regulations, procedures, and

23 guidelines and in reviewing collections of information, the

24 Director shall provide interested agencies and persons

25 early and meaningful opportunity to comment.
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1 ‘‘(b) Any person may request the Director to review

2 any collection of information conducted by or for an agen3 cy to determine, if, under this chapter, a person shall

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

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

6 in coordination with the agency responsible for the collec7 tion of information—

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

9 after receiving the request, unless such period is ex10 tended by the Director to a specified date and the

11 person making the request is given notice of such ex12 tension; and

13 ‘‘(2) take appropriate remedial action, if nec14 essary.

15 ‘‘§ 3518. Effect on existing laws and regulations

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

17 authority of an agency under any other law to prescribe

18 policies, rules, regulations, and procedures for Federal in19 formation resources management activities is subject to

20 the authority of the Director under this chapter.

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

22 or reduce the authority of the Secretary of Commerce or

23 the Director of the Office of Management and Budget pur24 suant to Reorganization Plan No. 1 of 1977 (as amended)

25 and Executive order, relating to telecommunications and
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1 information policy, procurement and management of tele2 communications and information systems, spectrum use,

3 and related matters.

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

5 chapter shall not apply to the collection of information—

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

7 investigation or prosecution, or during the disposi8 tion of a particular criminal matter;

9 ‘‘(B) during the conduct of—

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

11 States or any official or agency thereof is a

12 party; or

13 ‘‘(ii) an administrative action or investiga14 tion involving an agency against specific indi15 viduals or entities;

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

17 Antitrust Civil Process Act and section 13 of the

18 Federal Trade Commission Improvements Act of

19 1980; or

20 ‘‘(D) during the conduct of intelligence activi21 ties as defined in section 4–206 of Executive Order

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

23 orders, or during the conduct of cryptologic activities

24 that are communications security activities.
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1 ‘‘(2) This chapter applies to the collection of informa2 tion during the conduct of general investigations (other

3 than information collected in an antitrust investigation to

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

5 undertaken with reference to a category of individuals or

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

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

8 increasing or decreasing the authority conferred by Public

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

10 Administration, the Secretary of Commerce, or the Direc11 tor of the Office of Management and Budget.

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

13 increasing or decreasing the authority of the President,

14 the Office of Management and Budget or the Director

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

16 to the substantive policies and programs of departments,

17 agencies and offices, including the substantive authority

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

19 ‘‘§ 3519. Access to information

20 ‘‘Under the conditions and procedures prescribed in

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

22 Office of Information and Regulatory Affairs shall furnish

23 such information as the Comptroller General may require

24 for the discharge of the responsibilities of the Comptroller

25 General. For the purpose of obtaining such information,
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1 the Comptroller General or representatives thereof shall

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

3 regardless of form or format, of the Office.

4 ‘‘§ 3520. Authorization of appropriations

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

6 to be appropriated to the Office of Information and Regu7 latory Affairs to carry out the provisions of this chapter,

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

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

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

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

12 appropriation Act (or continuing resolution) which sepa13 rately and expressly states the amount appropriated pur14 suant to subsection (a) of this section.

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

16 the Office of Information and Regulatory Affairs, or to

17 any other officer or administrative unit of the Office of

18 Management and Budget, to carry out the provisions of

19 this chapter, or to carry out any function under this chap20 ter, for any fiscal year pursuant to any provision of law

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

22 SEC. 3. EFFECTIVE DATE.

23 The provisions of this Act and the amendments made

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

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