Calendar No. 23

104TH CONGRESS

1ST SESSION H. R. 830

AN ACT

To amend chapter 35 of title 44, United States

F

public, and for other purposes.ducing the burden of Federal paperwork on themore responsible and publicly accountable for reduction Act to have Federal agencies becomeCode, to further the goals of the Paperwork ReEBRUARY 23 (legislative day, FEBRUARY 22), 1995

Received; read twice and placed on the calendar
II

Calendar No. 23

104TH CONGRESS

1ST SESSION H. R. 830

IN THE SENATE OF THE UNITED STATES

FEBRUARY 23 (legislative day, FEBRUARY 22), 1995

Received; read twice and placed on the calendar

AN ACT

To amend chapter 35 of title 44, United States Code, 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

5 information 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

8 department, military department, Government cor9 poration, Government controlled corporation, or

10 other establishment in the executive branch of the

11 Government (including the Executive Office of the

12 President), or any independent regulatory agency,

13 but 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’ means

15 the obtaining, causing to be obtained, soliciting, or

16 requiring the disclosure to third parties or the pub17 lic, of facts or opinions by or for an agency, regard18 less of form or format, calling for either—

19 ‘‘(A) answers to identical questions posed

20 to, or identical reporting or recordkeeping re21 quirements imposed on, ten or more persons,

22 other than agencies, instrumentalities, or

23 employees of the United States; or

24 ‘‘(B) answers to questions posed to agen25 cies, instrumentalities, or employees of the
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1 United States which are to be used for general

2 statistical purposes;

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

4 the Office of Management and Budget;

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

6 means the Board of Governors of the Federal Re7 serve System, the Commodity Futures Trading Com8 mission, the Consumer Product Safety Commission,

9 the Federal Communications Commission, the Fed10 eral Deposit Insurance Corporation, the Federal En11 ergy Regulatory Commission, the Federal Housing

12 Finance Board, the Federal Maritime Commission,

13 the Federal Trade Commission, the Interstate Com14 merce Commission, the Mine Enforcement Safety

15 and Health Review Commission, the National Labor

16 Relations Board, the Nuclear Regulatory Commis17 sion, the Occupational Safety and Health Review

18 Commission, the Postal Rate Commission, the Secu19 rities and Exchange Commission, and any other

20 similar agency designated by statute as a Federal

21 independent regulatory agency or commission;

22 ‘‘(6) the term ‘information resources’ means in23 formation and related resources, such as personnel,

24 equipment, funds, and information technology;
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1 ‘‘(7) the term ‘information resources manage2 ment’ means the process of managing information

3 resources to accomplish agency missions and to im4 prove agency performance, including through the re5 duction of information collection burdens on the

6 public;

7 ‘‘(8) the term ‘information system’ means a dis8 crete set of information resources and processes,

9 automated or manual, organized for the collection,

10 processing, maintenance, use, sharing, dissemina11 tion, or disposition of information;

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

13 same meaning as the term ‘automatic data process14 ing equipment’ as defined by section 111(a)(2) of

15 the Federal Property and Administrative Services

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

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

18 partnership, association, corporation, business trust,

19 or legal representative, an organized group of indi20 viduals, a State, territorial, or local government or

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

22 territory, or local government or a branch of a politi23 cal subdivision;

24 ‘‘(11) the term ‘practical utility’ means the abil25 ity of an agency to use information, particularly the
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1 capability to process such information in a timely

2 and useful fashion;

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

4 information, regardless of form or format, that an

5 agency discloses, disseminates, or makes available to

6 the public; and

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

8 means a requirement imposed by or for an agency

9 on persons to maintain specified records, including a

10 requirement to—

11 ‘‘(A) retain such records;

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

13 the existence of such records;

14 ‘‘(C) disclose such records to third parties

15 or the public; or

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

17 regarding such records.

18 ‘‘§ 3503. Office of Information and Regulatory Affairs

19 ‘‘(a) There is established in the Office of Manage20 ment and Budget an office to be known as the Office of

21 Information and Regulatory Affairs.

22 ‘‘(b) There shall be at the head of the Office an Ad23 ministrator who shall be appointed by the President, by

24 and with the advice and consent of the Senate. The Direc25 tor shall delegate to the Administrator the authority to
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1 administer all functions under this chapter, except that

2 any such delegation shall not relieve the Director of re3 sponsibility for the administration of such functions. The

4 Administrator shall serve as principal adviser to the Direc5 tor on Federal information resources management policy.

6 ‘‘§ 3504. Authority and functions of Director

7 ‘‘(a)(1) The Director shall—

8 ‘‘(A) develop, coordinate and oversee the imple9 mentation of Federal information resources manage10 ment policies, principles, standards, and guidelines;

11 and

12 ‘‘(B) provide direction and oversee—

13 ‘‘(i) the review and approval of the collec14 tion of information and the reduction of the

15 information collection burden;

16 ‘‘(ii) agency dissemination of and public

17 access to information;

18 ‘‘(iii) statistical activities;

19 ‘‘(iv) records management activities;

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

21 disclosure, and sharing of information; and

22 ‘‘(vi) the acquisition and use of informa23 tion technology.

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

25 shall be exercised consistent with applicable law.
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1 ‘‘(b) With respect to general information resources

2 management policy, the Director shall—

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

4 uniform information resources management policies,

5 principles, standards, and guidelines;

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

7 access to public information, including through—

8 ‘‘(A) the use of the Government Informa9 tion Locator Service; and

10 ‘‘(B) the development and utilization of

11 common standards for information collection,

12 storage, processing and communication, includ13 ing standards for security, interconnectivity and

14 interoperability;

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

16 in legislation, regulations, and agency procedures to

17 improve information resources management prac18 tices;

19 ‘‘(4) oversee the development and implementa20 tion of best practices in information resources man21 agement, including training; and

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

23 management functions with information resources

24 management functions.
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1 ‘‘(c) With respect to the collection of information and

2 the control of paperwork, the Director shall—

3 ‘‘(1) review and approve proposed agency collec4 tions of information;

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

6 information associated with Federal procurement

7 and acquisition by the Office of Information and

8 Regulatory Affairs with the Office of Federal Pro9 curement Policy, with particular emphasis on apply10 ing information technology to improve the efficiency

11 and effectiveness of Federal procurement, acquisi12 tion, and payment and to reduce information collec13 tion burdens on the public;

14 ‘‘(3) minimize the Federal information collec15 tion burden, with particular emphasis on those indi16 viduals and entities most adversely affected;

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

18 benefit from information collected by or for the

19 Federal Government;

20 ‘‘(5) establish and oversee standards and guide21 lines by which agencies are to estimate the burden

22 to comply with a proposed collection of information;

23 and

24 ‘‘(6) place an emphasis on minimizing the bur25 den on small businesses with 50 or fewer employees.
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1 ‘‘(d) With respect to information dissemination, the

2 Director shall develop and oversee the implementation of

3 policies, principles, standards, and guidelines to—

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

5 public information, regardless of the form or format

6 in which such information is disseminated; and

7 ‘‘(2) promote public access to public informa8 tion and fulfill the purposes of this chapter, includ9 ing through the effective use of information tech10 nology.

11 ‘‘(e) With respect to statistical policy and coordina12 tion, the Director shall—

13 ‘‘(1) coordinate the activities of the Federal sta14 tistical system to ensure—

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

16 system; and

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

18 utility, and confidentiality of information col19 lected for statistical purposes;

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

21 are consistent with system-wide priorities for main22 taining and improving the quality of Federal statis23 tics and prepare an annual report on statistical pro24 gram funding;
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1 ‘‘(3) develop and oversee the implementation of

2 Governmentwide policies, principles, standards, and

3 guidelines concerning—

4 ‘‘(A) statistical collection procedures and

5 methods;

6 ‘‘(B) statistical data classification;

7 ‘‘(C) statistical information presentation

8 and dissemination;

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

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

11 be required for the administration of Federal

12 programs;

13 ‘‘(4) evaluate statistical program performance

14 and agency compliance with Governmentwide poli15 cies, principles, standards and guidelines;

16 ‘‘(5) promote the sharing of information col17 lected for statistical purposes consistent with privacy

18 rights and confidentiality pledges;

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

20 States in international statistical activities, including

21 the development of comparable statistics;

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

23 trained and experienced professional statistician to

24 carry out the functions described under this sub25 section;
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1 ‘‘(8) establish an Interagency Council on Statis2 tical Policy to advise and assist the Director in car3 rying out the functions under this subsection that

4 shall—

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

6 and

7 ‘‘(B) consist of—

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

9 programs; and

10 ‘‘(ii) representatives of other statis11 tical agencies under rotating membership;

12 and

13 ‘‘(9) provide opportunities for training in statis14 tical policy functions to employees of the Federal

15 Government under which—

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

17 discretion of the Director based on agency re18 quests and shall serve under the chief statisti19 cian for at least 6 months and not more than

20 1 year; and

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

22 by the agency requesting training.

23 ‘‘(f) With respect to records management, the Direc24 tor shall—
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1 ‘‘(1) provide advice and assistance to the Archi2 vist of the United States and the Administrator of

3 General Services to promote coordination in the ad4 ministration of chapters 29, 31, and 33 of this title

5 with the information resources management policies,

6 principles, standards, and guidelines established

7 under this chapter;

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

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

10 and 33 of this title; and

11 ‘‘(B) regulations promulgated by the Ar12 chivist of the United States and the Adminis13 trator of General Services; and

14 ‘‘(3) oversee the application of records manage15 ment policies, principles, standards, and guidelines,

16 including requirements for archiving information

17 maintained in electronic format, in the planning and

18 design of information systems.

19 ‘‘(g) With respect to privacy and security, the Direc20 tor shall—

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

22 policies, principles, standards, and guidelines on pri23 vacy, confidentiality, security, disclosure and sharing

24 of information collected or maintained by or for

25 agencies;
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1 ‘‘(2) oversee and coordinate compliance with

2 sections 552 and 552a of title 5, the Computer Se3 curity Act of 1987 (40 U.S.C. 759 note), and relat4 ed information management laws; and

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

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

7 note), to identify and afford security protections

8 commensurate with the risk and magnitude of the

9 harm resulting from the loss, misuse, or unauthor10 ized access to or modification of information col11 lected or maintained by or on behalf of an agency.

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

13 the Director shall—

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

15 National Institute of Standards and Technology and

16 the Administrator of General Services—

17 ‘‘(A) develop and oversee the implementa18 tion of policies, principles, standards, and

19 guidelines for information technology functions

20 and activities of the Federal Government, in21 cluding periodic evaluations of major informa22 tion systems; and

23 ‘‘(B) oversee the development and imple24 mentation of standards under section 111(d) of
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1 the Federal Property and Administrative Serv2 ices Act of 1949 (40 U.S.C. 759(d));

3 ‘‘(2) monitor the effectiveness of, and compli4 ance with, directives issued under sections 110 and

5 111 of the Federal Property and Administrative

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

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

8 the Office of Information and Regulatory Affairs of

9 policy associated with Federal procurement and ac10 quisition of information technology with the Office of

11 Federal Procurement Policy;

12 ‘‘(4) ensure, through the review of agency budg13 et proposals, information resources management

14 plans and other means—

15 ‘‘(A) agency integration of information re16 sources management plans, program plans and

17 budgets for acquisition and use of information

18 technology; and

19 ‘‘(B) the efficiency and effectiveness of

20 inter-agency information technology initiatives

21 to improve agency performance and the accom22 plishment of agency missions; and

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

24 by the Federal Government to improve the produc25 tivity, efficiency, and effectiveness of Federal pro-
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1 grams, including through dissemination of public in2 formation and the reduction of information collection

3 burdens on the public.

4 ‘‘§ 3505. Assignment of tasks and deadlines

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

6 the Director shall—

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

8 annual Governmentwide goal for the reduction of in9 formation collection burdens by at least 10 percent,

10 and set annual agency goals to—

11 ‘‘(A) reduce information collection burdens

12 imposed on the public that—

13 ‘‘(i) represent the maximum prac14 ticable opportunity in each agency; and

15 ‘‘(ii) are consistent with improving

16 agency management of the process for the

17 review of collections of information estab18 lished under section 3506(c); and

19 ‘‘(B) improve information resources man20 agement in ways that increase the productivity,

21 efficiency and effectiveness of Federal pro22 grams, including service delivery to the public;

23 ‘‘(2) with selected agencies and non-Federal en24 tities on a voluntary basis, initiate and conduct pilot

25 projects to test alternative policies, practices, regula-
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1 tions, and procedures to fulfill the purposes of this

2 chapter, particularly with regard to minimizing the

3 Federal information collection burden; and

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

5 General Services, the Director of the National Insti6 tute of Standards and Technology, the Archivist of

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

8 Personnel Management, develop and maintain a

9 Governmentwide strategic plan for information re10 sources management, that shall include—

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

12 means by which the Federal Government shall

13 apply information resources to improve agency

14 and program performance;

15 ‘‘(B) plans for—

16 ‘‘(i) reducing information burdens on

17 the public, including reducing such bur18 dens through the elimination of duplication

19 and meeting shared data needs with shared

20 resources;

21 ‘‘(ii) enhancing public access to and

22 dissemination of, information, using elec23 tronic and other formats; and

24 ‘‘(iii) meeting the information tech25 nology needs of the Federal Government in
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1 accordance with the purposes of this chap2 ter; and

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

4 information resources management to improve

5 agency performance and the accomplishment of

6 missions.

7 ‘‘(b) For purposes of any pilot project conducted

8 under subsection (a)(2), the Director may waive the appli9 cation of any regulation or administrative directive issued

10 by an agency with which the project is conducted, includ11 ing any regulation or directive requiring a collection of in12 formation, after giving timely notice to the public and the

13 Congress regarding the need for such waiver.

14 ‘‘§ 3506. Federal agency responsibilities

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

16 for—

17 ‘‘(A) carrying out the agency’s information re18 sources management activities to improve agency

19 productivity, efficiency, and effectiveness; and

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

21 chapter and related policies established by the Direc22 tor.

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

24 the head of each agency shall designate a senior official
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1 who shall report directly to such agency head to carry out

2 the responsibilities of the agency under this chapter.

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

4 and the Secretary of each military department may each

5 designate a senior official who shall report directly to such

6 Secretary to carry out the responsibilities of the depart7 ment under this chapter. If more than one official is des8 ignated for the military departments, the respective duties

9 of the officials shall be clearly delineated.

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

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

12 compliance with and prompt, efficient, and effective imple13 mentation of the information policies and information re14 sources management responsibilities established under

15 this chapter, including the reduction of information collec16 tion burdens on the public. The senior official and employ17 ees of such office shall be selected with special attention

18 to the professional qualifications required to administer

19 the functions described under this chapter.

20 ‘‘(4) Each agency program official shall be respon21 sible and accountable for information resources assigned

22 to and supporting the programs under such official. In

23 consultation with the senior official designated under

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

25 comparable official), each agency program official shall de-
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1 fine program information needs and develop strategies,

2 systems, and capabilities to meet those needs.

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

4 management, each agency shall—

5 ‘‘(1) manage information resources to—

6 ‘‘(A) reduce information collection burdens

7 on the public;

8 ‘‘(B) increase program efficiency and effec9 tiveness; and

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

11 utility of information to all users within and

12 outside the agency, including capabilities for en13 suring dissemination of public information, pub14 lic access to government information, and pro15 tections for privacy and security;

16 ‘‘(2) in accordance with guidance by the Direc17 tor, develop and maintain a strategic information re18 sources management plan that shall describe how in19 formation resources management activities help ac20 complish agency missions;

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

22 to—

23 ‘‘(A) ensure that information resources

24 management operations and decisions are inte25 grated with organizational planning, budget, fi-
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1 nancial management, human resources manage2 ment, and program decisions;

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

4 Financial Officer (or comparable official), de5 velop a full and accurate accounting of informa6 tion technology expenditures, related expenses,

7 and results; and

8 ‘‘(C) establish goals for improving informa9 tion resources management’s contribution to

10 program productivity, efficiency, and effective11 ness, methods for measuring progress towards

12 those goals, and clear roles and responsibilities

13 for achieving those goals;

14 ‘‘(4) in consultation with the Director, the Ad15 ministrator of General Services, and the Archivist of

16 the United States, maintain a current and complete

17 inventory of the agency’s information resources, in18 cluding directories necessary to fulfill the require19 ments of section 3511 of this chapter; and

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

21 Director of the Office of Personnel Management,

22 conduct formal training programs to educate agency

23 program and management officials about informa24 tion resources management.
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1 ‘‘(c) With respect to the collection of information and

2 the control of paperwork, each agency shall—

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

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

5 is sufficiently independent of program responsibility

6 to evaluate fairly whether proposed collections of in7 formation should be approved under this chapter,

8 to—

9 ‘‘(A) review each collection of information

10 before submission to the Director for review

11 under this chapter, including—

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

13 collection of information;

14 ‘‘(ii) a functional description of the in15 formation to be collected;

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

17 information;

18 ‘‘(iv) a specific, objectively supported

19 estimate of burden;

20 ‘‘(v) a test of the collection of infor21 mation through a pilot program, if appro22 priate; and

23 ‘‘(vi) a plan for the efficient and effec24 tive management and use of the informa-
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1 tion to be collected, including necessary re2 sources;

3 ‘‘(B) ensure that each information collec4 tion—

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

6 number and, if appropriate, an expiration

7 date;

8 ‘‘(ii) indicates the collection is in ac9 cordance with the clearance requirements

10 of section 3507; and

11 ‘‘(iii) contains a statement to inform

12 the person receiving the collection of infor13 mation—

14 ‘‘(I) the reasons the information

15 is being collected;

16 ‘‘(II) the way such information is

17 to be used;

18 ‘‘(III) an estimate, to the extent

19 practicable, of the burden of the col20 lection; and

21 ‘‘(IV) whether responses to the

22 collection of information are vol23 untary, required to obtain a benefit,

24 or mandatory; and
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1 ‘‘(C) assess the information collection bur2 den of proposed legislation affecting the agency;

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

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

5 the Federal Register, and otherwise consult with

6 members of the public and affected agencies con7 cerning each proposed collection of information, to

8 solicit comment to—

9 ‘‘(i) evaluate whether the proposed collec10 tion of information is necessary for the proper

11 performance of the functions of the agency, in12 cluding whether the information shall have

13 practical utility;

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

15 estimate of the burden of the proposed collec16 tion of information;

17 ‘‘(iii) enhance the quality, utility, and clar18 ity of the information to be collected; and

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

20 of information on those who are to respond, in21 cluding through the use of automated collection

22 techniques or other forms of information tech23 nology; and

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

25 contained in a proposed rule (to be reviewed by the
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1 Director under section 3507(d)), provide notice and

2 comment through the notice of proposed rulemaking

3 for the proposed rule and such notice shall have the

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

5 through (iv);

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

7 such certification, including public comments re8 ceived by the agency) that each collection of infor9 mation submitted to the Director for review under

10 section 3507—

11 ‘‘(A) is necessary for the proper perform12 ance of the functions of the agency, including

13 that the information has practical utility;

14 ‘‘(B) is not unnecessarily duplicative of in15 formation otherwise reasonably accessible to the

16 agency;

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

18 appropriate the burden on persons who shall

19 provide information to or for the agency, in20 cluding with respect to small entities, as defined

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

22 techniques as—

23 ‘‘(i) establishing differing compliance

24 or reporting requirements or timetables
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1 that take into account the resources avail2 able to those who are to respond;

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

4 simplification of compliance and reporting

5 requirements; or

6 ‘‘(iii) an exemption from coverage of

7 the collection of information, or any part

8 thereof;

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

10 unambiguous terminology and is understand11 able to those who are to respond;

12 ‘‘(E) is to be implemented in ways consist13 ent and compatible, to the maximum extent

14 practicable, with the existing reporting and rec15 ordkeeping practices of those who are to re16 spond;

17 ‘‘(F) indicates for each recordkeeping re18 quirement the length of time persons are re19 quired to maintain the records specified;

20 ‘‘(G) contains the statement required

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

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

23 has planned and allocated resources for the effi24 cient and effective management and use of the

25 information to be collected, including the proc-
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1 essing of the information in a manner which

2 shall enhance, where appropriate, the utility of

3 the information to agencies and the public;

4 ‘‘(I) uses effective and efficient statistical

5 survey methodology appropriate to the purpose

6 for which the information is to be collected; and

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

8 uses information technology to reduce burden

9 and improve data quality, agency efficiency and

10 responsiveness to the public; and

11 ‘‘(4) place an emphasis on minimizing the bur12 den on small businesses with 50 or fewer employees.

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

14 agency shall—

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

16 and equitable access to the agency’s public informa17 tion, including ensuring such access through—

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

19 private sources for information based on gov20 ernment public information,

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

22 public information maintained in electronic for23 mat, providing timely, equal, and equitable ac24 cess to the underlying data (in whole or in

25 part); and
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1 ‘‘(C) agency dissemination of public infor2 mation in an efficient, effective, and economical

3 manner;

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

5 on the agency’s information dissemination activities;

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

7 substantially modifying, or terminating significant

8 information dissemination products; and

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

10 statute—

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

12 other distribution arrangement that interferes

13 with timely and equitable availability of public

14 information to the public;

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

16 redissemination of public information by the

17 public;

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

19 redissemination of public information; or

20 ‘‘(D) establish user fees for public informa21 tion that exceed the cost of dissemination, ex22 cept that the Director may waive the applica23 tion of this subparagraph to an agency, if—

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

25 written request to the Director, publishes a
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1 notice of the request in the Federal Reg2 ister, and provides a copy of the request to

3 the public upon request;

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

5 a statement of the scope, conditions, and

6 duration of the waiver and the reasons for

7 granting it, and makes such statement

8 available to the public upon request; and

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

10 not materially impair the timely and equi11 table availability of public information to

12 the public.

13 ‘‘(e) With respect to statistical policy and coordina14 tion, each agency shall—

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

16 integrity, and objectivity of information collected or

17 created for statistical purposes;

18 ‘‘(2) inform respondents fully and accurately

19 about the sponsors, purposes, and uses of statistical

20 surveys and studies;

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

22 that disclosure policies fully honor pledges of con23 fidentiality;
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1 ‘‘(4) observe Federal standards and practices

2 for data collection, analysis, documentation, sharing,

3 and dissemination of information;

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

5 of statistical surveys and studies, including informa6 tion about the quality and limitations of the surveys

7 and studies; and

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

9 and readily accessible to the public.

10 ‘‘(f) With respect to records management, each agen11 cy shall implement and enforce applicable policies and pro12 cedures, including requirements for archiving information

13 maintained in electronic format, particularly in the plan14 ning, design and operation of information systems.

15 ‘‘(g) With respect to privacy and security, each agen16 cy shall—

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

18 procedures, standards, and guidelines on privacy,

19 confidentiality, security, disclosure and sharing of

20 information collected or maintained by or for the

21 agency;

22 ‘‘(2) assume responsibility and accountability

23 for compliance with and coordinated management of

24 sections 552 and 552a of title 5, the Computer Se-
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1 curity Act of 1987 (40 U.S.C. 759 note), and relat2 ed information management laws; and

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

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

5 security protections commensurate with the risk and

6 magnitude of the harm resulting from the loss, mis7 use, or unauthorized access to or modification of in8 formation collected or maintained by or on behalf of

9 an agency.

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

11 each agency shall—

12 ‘‘(1) implement and enforce applicable Govern13 mentwide and agency information technology man14 agement policies, principles, standards, and guide15 lines;

16 ‘‘(2) assume responsibility and accountability

17 for information technology investments;

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

19 by the agency to improve the productivity, efficiency,

20 and effectiveness of agency programs, including the

21 reduction of information collection burdens on the

22 public and improved dissemination of public infor23 mation;

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

25 and agency procedures to improve information tech-
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1 nology practices, including changes that improve the

2 ability of the agency to use technology to reduce

3 burden; and

4 ‘‘(5) assume responsibility for maximizing the

5 value and assessing and managing the risks of major

6 information systems initiatives through a process

7 that is—

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

9 program management decisions; and

10 ‘‘(B) used to select, control, and evaluate

11 the results of major information systems initia12 tives.

13 ‘‘§ 3507. Public information collection activities; sub14 mission to Director; approval and delega15 tion

16 ‘‘(a) An agency shall not conduct or sponsor the col17 lection of information unless in advance of the adoption

18 or revision of the collection of information—

19 ‘‘(1) the agency has—

20 ‘‘(A) conducted the review established

21 under section 3506(c)(1);

22 ‘‘(B) evaluated the public comments re23 ceived under section 3506(c)(2);

24 ‘‘(C) submitted to the Director the certifi25 cation required under section 3506(c)(3), the
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1 proposed collection of information, copies of

2 pertinent statutory authority, regulations, and

3 other related materials as the Director may

4 specify; and

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

6 Register—

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

8 such submission; and

9 ‘‘(ii) setting forth—

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

11 information;

12 ‘‘(II) a summary of the collection

13 of information;

14 ‘‘(III) a brief description of the

15 need for the information and the pro16 posed use of the information;

17 ‘‘(IV) a description of the likely

18 respondents and proposed frequency

19 of response to the collection of infor20 mation;

21 ‘‘(V) an estimate of the burden

22 that shall result from the collection of

23 information; and
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1 ‘‘(VI) notice that comments may

2 be submitted to the agency and Direc3 tor;

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

5 collection of information or approval has been in6 ferred, under the provisions of this section; and

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

8 a control number to be displayed upon the collection

9 of information.

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

11 public comment prior to making a decision under sub12 section (c), (d), or (h), except for good cause or as pro13 vided under subsection (j).

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

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

16 the agency involved of the decision to approve or dis17 approve the proposed collection of information.

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

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

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

21 later.

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

23 denial or approval within the 60-day period described

24 under paragraph (2)—

25 ‘‘(A) the approval may be inferred;
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1 ‘‘(B) a control number shall be assigned with2 out further delay; and

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

4 not more than 1 year.

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

6 contained in a proposed rule—

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

8 the date of publication of a notice of proposed rule9 making in the Federal Register, each agency shall

10 forward to the Director a copy of any proposed rule

11 which contains a collection of information and any

12 information requested by the Director necessary to

13 make the determination required under this sub14 section; and

15 ‘‘(B) within 60 days after the notice of pro16 posed rulemaking is published in the Federal Reg17 ister, the Director may file public comments pursu18 ant to the standards set forth in section 3508 on the

19 collection of information contained in the proposed

20 rule.

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

22 Register, the agency shall explain—

23 ‘‘(A) how any collection of information con24 tained in the final rule responds to the comments,

25 if any, filed by the Director or the public; or
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1 ‘‘(B) the reasons such comments were rejected.

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

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

4 of proposed rulemaking, the Director may not disapprove

5 any collection of information specifically contained in an

6 agency rule.

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

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

9 ‘‘(A) from disapproving any collection of infor10 mation which was not specifically required by an

11 agency rule;

12 ‘‘(B) from disapproving any collection of infor13 mation contained in an agency rule, if the agency

14 failed to comply with the requirements of paragraph

15 (1) of this subsection;

16 ‘‘(C) from disapproving any collection of infor17 mation contained in a final agency rule, if the Direc18 tor finds within 60 days after the publication of the

19 final rule, and after considering the agency’s re20 sponse to the Director’s comments filed under para21 graph (2), that the collection of information cannot

22 be approved under the standards set forth in section

23 3508; or

24 ‘‘(D) from disapproving any collection of infor25 mation contained in a final rule, if—
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1 ‘‘(i) the Director determines that the agen2 cy has substantially modified in the final rule

3 the collection of information contained in the

4 proposed rule; and

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

6 the information required under paragraph (1)

7 with respect to the modified collection of infor8 mation, at least 60 days before the issuance of

9 the final rule.

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

11 publishes a notice of proposed rulemaking and requests

12 public comments.

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

14 act upon a collection of information contained in an agen15 cy rule shall not be subject to judicial review.

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

17 (c), (d), (h), or (j) to disapprove a collection of informa18 tion, or to instruct the agency to make substantive or ma19 terial change to a collection of information, shall be pub20 licly available and include an explanation of the reasons

21 for such decision.

22 ‘‘(2) Any written communication between the Admin23 istrator of the Office of Information and Regulatory Af24 fairs, or any employee of the Office of Information and

25 Regulatory Affairs, and an agency or person not employed
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1 by the Federal Government concerning a proposed collec2 tion of information shall be made available to the public.

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

4 of—

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

6 times by procedures established for information

7 which has been specifically authorized under criteria

8 established by an Executive order or an Act of Con9 gress to be kept secret in the interest of national

10 defense or foreign policy; or

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

12 of information, the disclosure of which could lead to

13 retaliation or discrimination against the communica14 tor.

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

16 administered by 2 or more members of a commission,

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

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

19 or in part, of a proposed collection of information

20 that agency; or

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

22 (d) of section 3507 concerning that agency.

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

24 disapproval or exercise to the Director, and explain the

25 reasons for such vote. The Director shall without further
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1 delay assign a control number to such collection of infor2 mation, and such vote to void the disapproval or exercise

3 shall be valid for a period of 3 years.

4 ‘‘(g) The Director may not approve a collection of in5 formation for a period in excess of 3 years.

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

7 Director’s approval granted for a currently approved col8 lection of information, the agency shall—

9 ‘‘(A) conduct the review established under sec10 tion 3506(c), including the seeking of comment from

11 the public on the continued need for, and burden im12 posed by the collection of information; and

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

14 seek public comment, but no later than 60 days be15 fore the expiration date of the control number as16 signed by the Director for the currently approved

17 collection of information, submit the collection of in18 formation for review and approval under this sec19 tion, which shall include an explanation of how the

20 agency has used the information that it has col21 lected.

22 ‘‘(2) If under the provisions of this section, the Direc23 tor disapproves a collection of information contained in an

24 existing rule, or recommends or instructs the agency to

25 make a substantive or material change to a collection of
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1 information contained in an existing rule, the Director

2 shall—

3 ‘‘(A) publish an explanation thereof in the Fed4 eral Register; and

5 ‘‘(B) instruct the agency to undertake a rule6 making within a reasonable time limited to consider7 ation of changes to the collection of information con8 tained in the rule and thereafter to submit the col9 lection of information for approval or disapproval

10 under this chapter.

11 ‘‘(3) An agency may not make a substantive or mate12 rial modification to a collection of information after such

13 collection has been approved by the Director, unless the

14 modification has been submitted to the Director for review

15 and approval under this chapter.

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

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

18 independent of program responsibility to evaluate fairly

19 whether proposed collections of information should be ap20 proved and has sufficient resources to carry out this re21 sponsibility effectively, the Director may, by rule in ac22 cordance with the notice and comment provisions of chap23 ter 5 of title 5, United States Code, delegate to such offi24 cial the authority to approve proposed collections of infor-
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1 mation in specific program areas, for specific purposes,

2 or for all agency purposes.

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

4 shall not preclude the Director from reviewing individual

5 collections of information if the Director determines that

6 circumstances warrant such a review. The Director shall

7 retain authority to revoke such delegations, both in gen8 eral and with regard to any specific matter. In acting for

9 the Director, any official to whom approval authority has

10 been delegated under this section shall comply fully with

11 the rules and regulations promulgated by the Director.

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

13 authorize collection of information prior to expiration of

14 time periods established under this chapter, if an agency

15 head determines that—

16 ‘‘(A) a collection of information—

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

18 such time periods; and

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

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

22 the provisions of this chapter within such time peri23 ods because—
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1 ‘‘(i) public harm is reasonably likely to re2 sult if normal clearance procedures are fol3 lowed; or

4 ‘‘(ii) an unanticipated event has occurred

5 and the use of normal clearance procedures is

6 reasonably likely to prevent or disrupt the col7 lection of information related to the event or is

8 reasonably likely to cause a statutory or court9 ordered deadline to be missed.

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

11 such authorization request within the time requested by

12 the agency head and, if approved, shall assign the collec13 tion of information a control number. Any collection of

14 information conducted under this subsection may be con15 ducted without compliance with the provisions of this

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

17 the Director received the request to authorize such collec18 tion.

19 ‘‘§ 3508. Determination of necessity for information;

20 hearing

21 ‘‘Before approving a proposed collection of informa22 tion, the Director shall determine whether the collection

23 of information by the agency is necessary for the proper

24 performance of the functions of the agency, including

25 whether the information shall have practical utility. Before
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1 making a determination the Director may give the agency

2 and other interested persons an opportunity to be heard

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

4 that the Director determines that the collection of infor5 mation by an agency is unnecessary for any reason, the

6 agency may not engage in the collection of information.

7 ‘‘§ 3509. Designation of central collection agency

8 ‘‘The Director may designate a central collection

9 agency to obtain information for two or more agencies if

10 the Director determines that the needs of such agencies

11 for information will be adequately served by a single collec12 tion agency, and such sharing of data is not inconsistent

13 with applicable law. In such cases the Director shall pre14 scribe (with reference to the collection of information) the

15 duties and functions of the collection agency so designated

16 and of the agencies for which it is to act as agent (includ17 ing reimbursement for costs). While the designation is in

18 effect, an agency covered by the designation may not ob19 tain for itself information for the agency which is the duty

20 of the collection agency to obtain. The Director may mod21 ify the designation from time to time as circumstances re22 quire. The authority to designate under this section is sub23 ject to the provisions of section 3507(f) of this chapter.
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1 ‘‘§ 3510. Cooperation of agencies in making informa2 tion available

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

4 available to another agency, or an agency may make avail5 able to another agency, information obtained by a collec6 tion of information if the disclosure is not inconsistent

7 with applicable law.

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

10 of law (including penalties which relate to the unlawful

11 disclosure of information) apply to the officers and em12 ployees of the agency to which information is released to

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

14 apply to the officers and employees of the agency which

15 originally obtained the information.

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

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

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

19 relating to the unlawful disclosure of information as if the

20 information had been collected directly by that agency.

21 ‘‘§ 3511. Establishment and operation of Government

22 Information Locator Service

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

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

2 distributed agency-based electronic Government In3 formation Locator Service (hereafter in this section

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

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

7 ‘‘(2) require each agency to establish and main8 tain an agency information locator service as a com9 ponent of, and to support the establishment and op10 eration of the Service;

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

12 United States, the Administrator of General Serv13 ices, the Public Printer, and the Librarian of Con14 gress, establish an interagency committee to advise

15 the Secretary of Commerce on the development of

16 technical standards for the Service to ensure com17 patibility, promote information sharing, and uniform

18 access by the public;

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

20 needs in the establishment and operation of the

21 Service;

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

23 Service, including measures to ensure that only in24 formation which is intended to be disclosed to the

25 public is disclosed through the Service; and
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1 ‘‘(6) periodically review the development and ef2 fectiveness of the Service and make recommenda3 tions for improvement, including other mechanisms

4 for improving public access to Federal agency public

5 information.

6 ‘‘§ 3512. Public protection

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

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

10 of information involved was made after December 31,

11 1981, and at the time of the failure did not display a cur12 rent control number assigned by the Director, or fails to

13 state that such request is not subject to this chapter.

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

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

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

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

22 ‘‘(a) In consultation with the Administrator of Gen23 eral Services, the Archivist of the United States, the Di24 rector of the National Institute of Standards and Tech25 nology, and the Director of the Office of Personnel Man-
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1 agement, the Director shall periodically review selected

2 agency information resources management activities to as3 certain the efficiency and effectiveness of such activities

4 to improve agency performance and the accomplishment

5 of agency missions.

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

7 subsection (a) shall, within 60 days after receipt of a re8 port on the review, provide a written plan to the Director

9 describing steps (including milestones) to—

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

11 management problems identified in the report; and

12 ‘‘(2) improve agency performance and the ac13 complishment of agency missions.

14 ‘‘§ 3514. Responsiveness to Congress

15 ‘‘(a)(1) The Director shall—

16 ‘‘(A) keep the Congress and congressional com17 mittees fully and currently informed of the major ac18 tivities under this chapter; and

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

20 President of the Senate and the Speaker of the

21 House of Representatives annually and at such other

22 times as the Director determines necessary.

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

24 a description of the extent to which agencies have—
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1 ‘‘(A) reduced information collection burdens on

2 the public, including—

3 ‘‘(i) a summary of accomplishments and

4 planned initiatives to reduce collection of infor5 mation burdens;

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

7 and of any rules, guidelines, policies, and proce8 dures issued pursuant to this chapter;

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

10 of information burden, including the authority

11 for each such collection; and

12 ‘‘(iv) a list of agencies that in the preced13 ing year did not reduce information collection

14 burdens by at least 10 percent pursuant to sec15 tion 3505, a list of the programs and statutory

16 responsibilities of those agencies that precluded

17 that reduction, and recommendations to assist

18 those agencies to reduce information collection

19 burdens in accordance with that section;

20 ‘‘(B) improved the quality and utility of statis21 tical information;

22 ‘‘(C) improved public access to Government in23 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, the 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 obtaining, causing to be ob6 tained, soliciting, or requiring the disclosure to third par7 ties or the public, of facts or opinions—

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

9 investigation or prosecution, or during the disposi10 tion of a particular criminal matter;

11 ‘‘(B) during the conduct of—

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

13 States or any official or agency thereof is a

14 party; or

15 ‘‘(ii) an administrative action or investiga16 tion involving an agency against specific indi17 viduals or entities;

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

19 Antitrust Civil Process Act and section 13 of the

20 Federal Trade Commission Improvements Act of

21 1980; or

22 ‘‘(D) during the conduct of intelligence activi23 ties as defined in section 4–206 of Executive Order

24 No. 12036, issued January 24, 1978, or successor
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1 orders, or during the conduct of cryptologic activities

2 that are communications security activities.

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

4 obtained, soliciting, or requiring the disclosure to third

5 parties or the public, of facts or opinions during the con6 duct of general investigations (other than information col7 lected in an antitrust investigation to the extent provided

8 in subparagraph (C) of paragraph (1)) undertaken with

9 reference to a category of individuals or entities such as

10 a class of licensees or an entire industry.

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

12 increasing or decreasing the authority conferred by Public

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

14 Administration, the Secretary of Commerce, or the Direc15 tor of the Office of Management and Budget.

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

17 increasing or decreasing the authority of the President,

18 the Office of Management and Budget or the Director

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

20 to the substantive policies and programs of departments,

21 agencies and offices, including the substantive authority

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

23 ‘‘§ 3519. Access to information

24 ‘‘Under the conditions and procedures prescribed in

25 section 716 of title 31, the Director and personnel in the
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1 Office of Information and Regulatory Affairs shall furnish

2 such information as the Comptroller General may require

3 for the discharge of the responsibilities of the Comptroller

4 General. For the purpose of obtaining such information,

5 the Comptroller General or representatives thereof shall

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

7 regardless of form or format, of the Office.

8 ‘‘§ 3520. Authorization of appropriations

9 ‘‘There are authorized to be appropriated to the Of10 fice of Information and Regulatory Affairs to carry out

11 the provisions of this chapter such sums as may be nec12 essary.’’.

13 SEC. 3. EFFECTIVE DATE.

14 The amendments made by this Act shall take effect

15 October 1, 1995.

Passed the House of Representatives February 22,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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