IB

Union Calendar No. 19

104TH CONGRESS

1ST SESSION H. R. 830

[Report No. 104–37]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1995

Mr. CLINGER (for himself, Mr. SISISKY, Mr. MCINTOSH, Mr. DAVIS, Mr. SOLOMON, and Mr. BLUTE) introduced the following bill; which was referred

to the Committee on Government Reform and Oversight

FEBRUARY 15, 1995

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

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

A BILL

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

3 SECTION 1. SHORT TITLE.

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

5 Act of 1995’’.

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

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

10 ‘‘CHAPTER 35—COORDINATION OF

11 FEDERAL INFORMATION POLICY

‘‘Sec.

‘‘3501. Purposes.

‘‘3502. Definitions.

‘‘3503. Office of Information and Regulatory Affairs.

‘‘3504. Authority and functions of Director.

‘‘3505. Assignment of tasks and deadlines.

‘‘3506. Federal agency responsibilities.

‘‘3507. Public information collection activities; submission to Director; approval

and delegation.

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

‘‘3509. Designation of central collection agency.

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

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

‘‘3512. Public protection.

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

‘‘3514. Responsiveness to Congress.

‘‘3515. Administrative powers.

‘‘3516. Rules and regulations.

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

‘‘3518. Effect on existing laws and regulations.

‘‘3519. Access to information.

‘‘3520. Authorization of appropriations.

12 ‘‘§ 3501. Purposes

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

3 institutions, Federal contractors, State, local and

4 tribal governments, and other persons resulting from

5 the collection of information by or for the Federal

6 Government;

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

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

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

12 practicable and appropriate, make uniform Federal

13 information resources management policies and

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

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

18 delivery to the public;

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

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

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

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

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

6 the Federal Government;

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

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

11 information technology;

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

16 ‘‘(A) privacy and confidentiality, including

17 section 552a of title 5;

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

19 Computer Security Act of 1987 (Public Law

20 100–235); and

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

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

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

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

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

7 all other Federal agencies to Congress and to the

8 public for implementing the information collection

9 review process, information resources management,

10 and related policies and guidelines established under

11 this chapter.

12 ‘‘§ 3502. Definitions

13 ‘‘As used in this chapter—

14 ‘‘(1) the term ‘agency’ means any executive

15 department, military department, Government cor16 poration, Government controlled corporation, or

17 other establishment in the executive branch of the

18 Government (including the Executive Office of the

19 President), or any independent regulatory agency,

20 but does not include—

21 ‘‘(A) the General Accounting Office;

22 ‘‘(B) Federal Election Commission;

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

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

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

5 national defense research and production activi6 ties;

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

9 maintain, or provide information to or for a Federal

10 agency, including the resources expended for—

11 ‘‘(A) reviewing instructions;

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

13 technology and systems;

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

15 with any previously applicable instructions and

16 requirements;

17 ‘‘(D) searching data sources;

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

20 ‘‘(F) transmitting, or otherwise disclosing

21 the information;

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

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

24 requiring the disclosure to third parties or the pub-
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1 lic, of facts or opinions by or for an agency, regard2 less of form or format, calling for either—

3 ‘‘(A) answers to identical questions posed

4 to, or identical reporting or recordkeeping re5 quirements imposed on, ten or more persons,

6 other than agencies, instrumentalities, or

7 employees of the United States; or

8 ‘‘(B) answers to questions posed to agen9 cies, instrumentalities, or employees of the

10 United States which are to be used for general

11 statistical purposes;

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

13 the Office of Management and Budget;

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

15 means the Board of Governors of the Federal Re16 serve System, the Commodity Futures Trading Com17 mission, the Consumer Product Safety Commission,

18 the Federal Communications Commission, the Fed19 eral Deposit Insurance Corporation, the Federal En20 ergy Regulatory Commission, the Federal Housing

21 Finance Board, the Federal Maritime Commission,

22 the Federal Trade Commission, the Interstate Com23 merce Commission, the Mine Enforcement Safety

24 and Health Review Commission, the National Labor

25 Relations Board, the Nuclear Regulatory Commis-
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1 sion, the Occupational Safety and Health Review

2 Commission, the Postal Rate Commission, the Secu3 rities and Exchange Commission, and any other

4 similar agency designated by statute as a Federal

5 independent regulatory agency or commission;

6 ‘‘(6) the term ‘information resources’ means in7 formation and related resources, such as personnel,

8 equipment, funds, and information technology;

9 ‘‘(7) the term ‘information resources manage10 ment’ means the process of managing information

11 resources to accomplish agency missions and to im12 prove agency performance, including through the re13 duction of information collection burdens on the

14 public;

15 ‘‘(8) the term ‘information system’ means a dis16 crete set of information resources and processes,

17 automated or manual, organized for the collection,

18 processing, maintenance, use, sharing, dissemina19 tion, or disposition of information;

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

21 same meaning as the term ‘automatic data process22 ing equipment’ as defined by section 111(a)(2) of

23 the Federal Property and Administrative Services

24 Act of 1949 (40 U.S.C. 759(a)(2));
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1 ‘‘(10) the term ‘person’ means an individual,

2 partnership, association, corporation, business trust,

3 or legal representative, an organized group of indi4 viduals, a State, territorial, or local government or

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

6 territory, or local government or a branch of a politi7 cal subdivision;

8 ‘‘(11) the term ‘practical utility’ means the abil9 ity of an agency to use information, particularly the

10 capability to process such information in a timely

11 and useful fashion;

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

13 information, regardless of form or format, that an

14 agency discloses, disseminates, or makes available to

15 the public; and

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

17 means a requirement imposed by or for an agency

18 on persons to maintain specified records, including a

19 requirement to—

20 ‘‘(A) retain such records;

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

22 the existence of such records;

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

24 or the public; or
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1 ‘‘(D) report to third parties or the public

2 regarding such records.

3 ‘‘§ 3503. Office of Information and Regulatory Affairs

4 ‘‘(a) There is established in the Office of Manage5 ment and Budget an office to be known as the Office of

6 Information and Regulatory Affairs.

7 ‘‘(b) There shall be at the head of the Office an Ad8 ministrator who shall be appointed by the President, by

9 and with the advice and consent of the Senate. The Direc10 tor shall delegate to the Administrator the authority to

11 administer all functions under this chapter, except that

12 any such delegation shall not relieve the Director of re13 sponsibility for the administration of such functions. The

14 Administrator shall serve as principal adviser to the Direc15 tor on Federal information resources management policy.

16 ‘‘§ 3504. Authority and functions of Director

17 ‘‘(a)(1) The Director shall—

18 ‘‘(A) develop, coordinate and oversee the imple19 mentation of Federal information resources manage20 ment policies, principles, standards, and guidelines;

21 and

22 ‘‘(B) provide direction and oversee—

23 ‘‘(i) the review and approval of the collec24 tion of information and the reduction of the

25 information collection burden;
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1 ‘‘(ii) agency dissemination of and public

2 access to information;

3 ‘‘(iii) statistical activities;

4 ‘‘(iv) records management activities;

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

6 disclosure, and sharing of information; and

7 ‘‘(vi) the acquisition and use of informa8 tion technology.

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

10 shall be exercised consistent with applicable law.

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

12 management policy, the Director shall—

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

14 uniform information resources management policies,

15 principles, standards, and guidelines;

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

17 access to public information, including through—

18 ‘‘(A) the use of the Government Informa19 tion Locator Service; and

20 ‘‘(B) the development and utilization of

21 common standards for information collection,

22 storage, processing and communication, includ23 ing standards for security, interconnectivity and

24 interoperability;
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1 ‘‘(3) initiate and review proposals for changes

2 in legislation, regulations, and agency procedures to

3 improve information resources management prac4 tices;

5 ‘‘(4) oversee the development and implementa6 tion of best practices in information resources man7 agement, including training; and

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

9 management functions with information resources

10 management functions.

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

12 the control of paperwork, the Director shall—

13 ‘‘(1) review and approve proposed agency collec14 tions of information;

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

16 information associated with Federal procurement

17 and acquisition by the Office of Information and

18 Regulatory Affairs with the Office of Federal Pro19 curement Policy, with particular emphasis on apply20 ing information technology to improve the efficiency

21 and effectiveness of Federal procurement and, acqui22 sition, and payment and to reduce information col23 lection burdens 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

6 Federal 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);

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

16 the Office of Information and Regulatory Affairs of

17 policy associated with Federal procurement and ac18 quisition of information technology with the Office of

19 Federal Procurement Policy;

20 ‘‘(4) ensure, through the review of agency budg21 et proposals, information resources management

22 plans and other means—

23 ‘‘(A) agency integration of information re24 sources management plans, program plans and
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1 budgets for acquisition and use of information

2 technology; and

3 ‘‘(B) the efficiency and effectiveness of

4 inter-agency information technology initiatives

5 to improve agency performance and the accom6 plishment of agency missions; and

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

8 by the Federal Government to improve the produc9 tivity, efficiency, and effectiveness of Federal pro10 grams, including through dissemination of public in11 formation and the reduction of information collection

12 burdens on the public.

13 ‘‘§ 3505. Assignment of tasks and deadlines

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

15 the Director shall—

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

17 annual Governmentwide goal for the reduction of in18 formation collection burdens by at least five 10 per19 cent, and set annual agency goals to—

20 ‘‘(A) reduce information collection burdens

21 imposed on the public that—

22 ‘‘(i) represent the maximum prac23 ticable opportunity in each agency; and

24 ‘‘(ii) are consistent with improving

25 agency management of the process for the
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1 review of collections of information estab2 lished under section 3506(c); and

3 ‘‘(B) improve information resources man4 agement in ways that increase the productivity,

5 efficiency and effectiveness of Federal pro6 grams, including service delivery to the public;

7 ‘‘(2) with selected agencies and non-Federal en8 tities on a voluntary basis, initiate and conduct pilot

9 projects to test alternative policies, practices, regula10 tions, and procedures to fulfill the purposes of this

11 chapter, particularly with regard to minimizing the

12 Federal information collection burden; and

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

14 General Services, the Director of the National Insti15 tute of Standards and Technology, the Archivist of

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

17 Personnel Management, develop and maintain a

18 Governmentwide strategic plan for information re19 sources management, that shall include—

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

21 means by which the Federal Government shall

22 apply information resources to improve agency

23 and program performance;

24 ‘‘(B) plans for—
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1 ‘‘(i) reducing information burdens on

2 the public, including reducing such bur3 dens through the elimination of duplication

4 and meeting shared data needs with shared

5 resources;

6 ‘‘(ii) enhancing public access to and

7 dissemination of, information, using elec8 tronic and other formats; and

9 ‘‘(iii) meeting the information tech10 nology needs of the Federal Government in

11 accordance with the purposes of this chap12 ter; and

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

14 information resources management to improve

15 agency performance and the accomplishment of

16 missions.

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

18 under subsection (a)(2), the Director may waive the appli19 cation of any regulation or administrative directive issued

20 by an agency with which the project is conducted, includ21 ing any regulation or directive requiring a collection of in22 formation, after giving timely notice to the public and the

23 Congress regarding the need for such waiver.
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1 ‘‘§ 3506. Federal agency responsibilities

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

3 for—

4 ‘‘(A) carrying out the agency’s information re5 sources management activities to improve agency

6 productivity, efficiency, and effectiveness; and

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

8 chapter and related policies established by the Direc9 tor.

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

11 the head of each agency shall designate a senior official

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

13 the responsibilities of the agency under this chapter.

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

15 and the Secretary of each military department may each

16 designate a senior official who shall report directly to such

17 Secretary to carry out the responsibilities of the depart18 ment under this chapter. If more than one official is des19 ignated for the military departments, the respective duties

20 of the officials shall be clearly delineated.

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

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

23 compliance with and prompt, efficient, and effective imple24 mentation of the information policies and information re25 sources management responsibilities established under

26 this chapter, including the reduction of information collec-
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1 tion burdens on the public. The senior official and employ2 ees of such office shall be selected with special attention

3 to the professional qualifications required to administer

4 the functions described under this chapter.

5 ‘‘(4) Each agency program official shall be respon6 sible and accountable for information resources assigned

7 to and supporting the programs under such official. In

8 consultation with the senior official designated under

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

10 comparable official), each agency program official shall de11 fine program information needs and develop strategies,

12 systems, and capabilities to meet those needs.

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

14 management, each agency shall—

15 ‘‘(1) manage information resources 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) in cooperation with the agency Chief

14 Financial Officer (or comparable official), de15 velop a full and accurate accounting of informa16 tion technology expenditures, related expenses,

17 and results; and

18 ‘‘(C) establish goals for improving informa19 tion resources management’s contribution to

20 program productivity, efficiency, and effective21 ness, methods for measuring progress towards

22 those goals, and clear roles and responsibilities

23 for achieving those goals;

24 ‘‘(4) in consultation with the Director, the Ad25 ministrator of General Services, and the Archivist of
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1 the United States, maintain a current and complete

2 inventory of the agency’s information resources, in3 cluding directories necessary to fulfill the require4 ments of section 3511 of this chapter; and

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

6 Director of the Office of Personnel Management,

7 conduct formal training programs to educate agency

8 program and management officials about informa9 tion resources management.

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

11 the control of paperwork, each agency shall—

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

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

14 is sufficiently independent of program responsibility

15 to evaluate fairly whether proposed collections of in16 formation should be approved under this chapter,

17 to—

18 ‘‘(A) review each collection of information

19 before submission to the Director for review

20 under this chapter, including—

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

22 collection of information;

23 ‘‘(ii) a functional description of the in24 formation to be collected;
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1 ‘‘(iii) a plan for the collection of the

2 information;

3 ‘‘(iv) a specific, objectively supported

4 estimate of burden;

5 ‘‘(v) a test of the collection of infor6 mation through a pilot program, if appro7 priate; and

8 ‘‘(vi) a plan for the efficient and effec9 tive management and use of the informa10 tion to be collected, including necessary re11 sources;

12 ‘‘(B) ensure that each information collec13 tion—

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

15 number and, if appropriate, an expiration

16 date;

17 ‘‘(ii) indicates the collection is in ac18 cordance with the clearance requirements

19 of section 3507; and

20 ‘‘(iii) contains a statement to inform

21 the person receiving the collection of infor22 mation—

23 ‘‘(I) the reasons the information

24 is being collected;
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1 ‘‘(II) the way such information is

2 to be used;

3 ‘‘(III) an estimate, to the extent

4 practicable, of the burden of the col5 lection; and

6 ‘‘(IV) whether responses to the

7 collection of information are vol8 untary, required to obtain a benefit,

9 or mandatory; and

10 ‘‘(C) assess the information collection bur11 den of proposed legislation affecting the agency;

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

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

14 the Federal Register, and otherwise consult with

15 members of the public and affected agencies con16 cerning each proposed collection of information, to

17 solicit comment to—

18 ‘‘(i) evaluate whether the proposed collec19 tion of information is necessary for the proper

20 performance of the functions of the agency, in21 cluding whether the information shall have

22 practical utility;

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

24 estimate of the burden of the proposed collec25 tion of information;
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1 ‘‘(iii) enhance the quality, utility, and clar2 ity of the information to be collected; and

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

4 of information on those who are to respond, in5 cluding through the use of automated collection

6 techniques or other forms of information tech7 nology; and

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

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

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

11 comment through the notice of proposed rulemaking

12 for the proposed rule and such notice shall have the

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

14 through (iv); and

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

16 such certification, including public comments re17 ceived by the agency) that each collection of infor18 mation submitted to the Director for review under

19 section 3507—

20 ‘‘(A) is necessary for the proper perform21 ance of the functions of the agency, including

22 that the information has practical utility;

23 ‘‘(B) is not unnecessarily duplicative of in24 formation otherwise reasonably accessible to the

25 agency;
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1 ‘‘(C) reduces to the extent practicable and

2 appropriate the burden on persons who shall

3 provide information to or for the agency, in4 cluding with respect to small entities, as defined

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

6 techniques as—

7 ‘‘(i) establishing differing compliance

8 or reporting requirements or timetables

9 that take into account the resources avail10 able to those who are to respond;

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

12 simplification of compliance and reporting

13 requirements; or

14 ‘‘(iii) an exemption from coverage of

15 the collection of information, or any part

16 thereof;

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

18 unambiguous terminology and is understand19 able to those who are to respond;

20 ‘‘(E) is to be implemented in ways consist21 ent and compatible, to the maximum extent

22 practicable, with the existing reporting and rec23 ordkeeping practices of those who are to re24 spond;
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1 ‘‘(F) contains the statement required

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

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

4 has planned and allocated resources for the effi5 cient and effective management and use of the

6 information to be collected, including the proc7 essing of the information in a manner which

8 shall enhance, where appropriate, the utility of

9 the information to agencies and the public;

10 ‘‘(H) uses effective and efficient statistical

11 survey methodology appropriate to the purpose

12 for which the information is to be collected; and

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

14 uses information technology to reduce burden

15 and improve data quality, agency efficiency and

16 responsiveness to the public.

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

18 agency shall—

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

20 and equitable access to the agency’s public informa21 tion, including ensuring such access through—

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

23 private sources for information based on gov24 ernment public information,
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1 ‘‘(B) in cases in which the agency provides

2 public information maintained in electronic for3 mat, providing timely, equal, and equitable ac4 cess to the underlying data (in whole or in

5 part); and

6 ‘‘(C) agency dissemination of public infor7 mation in an efficient, effective, and economical

8 manner;

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

10 on the agency’s information dissemination activities;

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

12 substantially modifying, or terminating significant

13 information dissemination products; and

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

15 statute—

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

17 other distribution arrangement that interferes

18 with timely and equitable availability of public

19 information to the public;

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

21 redissemination of public information by the

22 public;

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

24 redissemination of public information; or
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1 ‘‘(D) establish user fees for public informa2 tion that exceed the cost of dissemination, ex3 cept that the Director may waive the applica4 tion of this subparagraph to an agency, if—

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

6 written request to the Director, publishes a

7 notice of the request in the Federal Reg8 ister, and provides a copy of the request to

9 the public upon request;

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

11 a statement of the scope, conditions, and

12 duration of the waiver and the reasons for

13 granting it, and makes such statement

14 available to the public upon request; and

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

16 not materially impair the timely and equi17 table availability of public information to

18 the public.

19 ‘‘(e) With respect to statistical policy and coordina20 tion, each agency shall—

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

22 integrity, and objectivity of information collected or

23 created for statistical purposes;
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1 ‘‘(2) inform respondents fully and accurately

2 about the sponsors, purposes, and uses of statistical

3 surveys and studies;

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

5 that disclosure policies fully honor pledges of con6 fidentiality;

7 ‘‘(4) observe Federal standards and practices

8 for data collection, analysis, documentation, sharing,

9 and dissemination of information;

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

11 of statistical surveys and studies, including informa12 tion about the quality and limitations of the surveys

13 and studies; and

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

15 and readily accessible to the public.

16 ‘‘(f) With respect to records management, each agen17 cy shall implement and enforce applicable policies and pro18 cedures, including requirements for archiving information

19 maintained in electronic format, particularly in the plan20 ning, design and operation of information systems.

21 ‘‘(g) With respect to privacy and security, each agen22 cy shall—

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

24 procedures, standards, and guidelines on privacy,

25 confidentiality, security, disclosure and sharing of
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1 information collected or maintained by or for the

2 agency;

3 ‘‘(2) assume responsibility and accountability

4 for compliance with and coordinated management of

5 sections 552 and 552a of title 5, the Computer Se6 curity Act of 1987 (40 U.S.C. 759 note), and relat7 ed information management laws; and

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

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

10 security protections commensurate with the risk and

11 magnitude of the harm resulting from the loss, mis12 use, or unauthorized access to or modification of in13 formation collected or maintained by or on behalf of

14 an agency.

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

16 each agency shall—

17 ‘‘(1) implement and enforce applicable Govern18 mentwide and agency information technology man19 agement policies, principles, standards, and guide20 lines;

21 ‘‘(2) assume responsibility and accountability

22 for information technology investments;

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

24 by the agency to improve the productivity, efficiency,

25 and effectiveness of agency programs, including the
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1 reduction of information collection burdens on the

2 public and improved dissemination of public infor3 mation;

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

5 and agency procedures to improve information tech6 nology practices, including changes that improve the

7 ability of the agency to use technology to reduce

8 burden; and

9 ‘‘(5) assume responsibility for maximizing the

10 value and assessing and managing the risks of major

11 information systems initiatives through a process

12 that is—

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

14 program management decisions; and

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

16 the results of major information systems initia17 tives.

18 ‘‘§ 3507. Public information collection activities; sub19 mission to Director; approval and delega20 tion

21 ‘‘(a) An agency shall not conduct or sponsor the col22 lection of information unless in advance of the adoption

23 or revision of the collection of information—

24 ‘‘(1) the agency has—
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1 ‘‘(A) conducted the review established

2 under section 3506(c)(1);

3 ‘‘(B) evaluated the public comments re4 ceived under section 3506(c)(2);

5 ‘‘(C) submitted to the Director the certifi6 cation required under section 3506(c)(3), the

7 proposed collection of information, copies of

8 pertinent statutory authority, regulations, and

9 other related materials as the Director may

10 specify; and

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

12 Register—

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

14 such submission; and

15 ‘‘(ii) setting forth—

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

17 information;

18 ‘‘(II) a summary of the collection

19 of information;

20 ‘‘(III) a brief description of the

21 need for the information and the pro22 posed use of the information;

23 ‘‘(IV) a description of the likely

24 respondents and proposed frequency
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1 of response to the collection of infor2 mation;

3 ‘‘(V) an estimate of the burden

4 that shall result from the collection of

5 information; and

6 ‘‘(VI) notice that comments may

7 be submitted to the agency and Direc8 tor;

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

10 collection of information or approval has been in11 ferred, under the provisions of this section; and

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

13 a control number to be displayed upon the collection

14 of information.

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

16 public comment prior to making a decision under sub17 section (c), (d), or (h), except for good cause or as pro18 vided under subsection (j).

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

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

21 the agency involved of the decision to approve or dis22 approve the proposed collection of information.

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

24 paragraph (1), within 60 days after receipt or publication
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1 of the notice under subsection (a)(1)(D), whichever is

2 later.

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

4 denial or approval within the 60-day period described

5 under paragraph (2)—

6 ‘‘(A) the approval may be inferred;

7 ‘‘(B) a control number shall be assigned with8 out further delay; and

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

10 not more than 1 year.

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

12 contained in a proposed rule—

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

14 the date of publication of a notice of proposed rule15 making in the Federal Register, each agency shall

16 forward to the Director a copy of any proposed rule

17 which contains a collection of information and any

18 information requested by the Director necessary to

19 make the determination required under this sub20 section; and

21 ‘‘(B) within 60 days after the notice of pro22 posed rulemaking is published in the Federal Reg23 ister, the Director may file public comments pursu24 ant to the standards set forth in section 3508 on the
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1 collection of information contained in the proposed

2 rule;

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

4 Register, the agency shall explain—

5 ‘‘(A) how any collection of information con6 tained in the final rule responds to the comments,

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

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

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

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

11 of proposed rulemaking, the Director may not disapprove

12 any collection of information specifically contained in an

13 agency rule.

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

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

16 ‘‘(A) from disapproving any collection of infor17 mation which was not specifically required by an

18 agency rule;

19 ‘‘(B) from disapproving any collection of infor20 mation contained in an agency rule, if the agency

21 failed to comply with the requirements of paragraph

22 (1) of this subsection;

23 ‘‘(C) from disapproving any collection of infor24 mation contained in a final agency rule, if the Direc25 tor finds within 60 days after the publication of the
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1 final rule, and after considering the agency’s re2 sponse to the Director’s comments filed under para3 graph (2), that the collection of information cannot

4 be approved under the standards set forth in section

5 3508; or

6 ‘‘(D) from disapproving any collection of infor7 mation contained in a final rule, if—

8 ‘‘(i) the Director determines that the agen9 cy has substantially modified in the final rule

10 the collection of information contained in the

11 proposed rule; and

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

13 the information required under paragraph (1)

14 with respect to the modified collection of infor15 mation, at least 60 days before the issuance of

16 the final rule.

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

18 publishes a notice of proposed rulemaking and requests

19 public comments.

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

21 act upon a collection of information contained in an agen22 cy rule shall not be subject to judicial review.

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

24 (c), (d), (h), or (j) to disapprove a collection of informa25 tion, or to instruct the agency to make substantive or ma-
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1 terial change to a collection of information, shall be pub2 licly available and include an explanation of the reasons

3 for such decision.

4 ‘‘(2) Any written communication between the Admin5 istrator of the Office of Information and Regulatory Af6 fairs, or any employee of the Office of Information and

7 Regulatory Affairs, and an agency or person not employed

8 by the Federal Government concerning a proposed collec9 tion of information shall be made available to the public.

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

11 of—

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

13 times by procedures established for information

14 which has been specifically authorized under criteria

15 established by an Executive order or an Act of Con16 gress to be kept secret in the interest of national

17 defense or foreign policy; or

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

19 of information, the disclosure of which could lead to

20 retaliation or discrimination against the communica21 tor.

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

23 administered by 2 or more members of a commission,

24 board, or similar body, may by majority vote void—
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1 ‘‘(A) any disapproval by the Director, in whole

2 or in part, of a proposed collection of information

3 that agency; or

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

5 (d) of section 3507 concerning that agency.

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

7 disapproval or exercise to the Director, and explain the

8 reasons for such vote. The Director shall without further

9 delay assign a control number to such collection of infor10 mation, and such vote to void the disapproval or exercise

11 shall be valid for a period of 3 years.

12 ‘‘(g) The Director may not approve a collection of in13 formation for a period in excess of 3 years.

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

15 Director’s approval granted for a currently approved col16 lection of information, the agency shall—

17 ‘‘(A) conduct the review established under sec18 tion 3506(c), including the seeking of comment from

19 the public on the continued need for, and burden im20 posed by the collection of information; and

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

22 seek public comment, but no later than 60 days be23 fore the expiration date of the control number as24 signed by the Director for the currently approved

25 collection of information, submit the collection of in-
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1 formation for review and approval under this sec2 tion, which shall include an explanation of how the

3 agency has used the information that it has col4 lected.

5 ‘‘(2) If under the provisions of this section, the Direc6 tor disapproves a collection of information contained in an

7 existing rule, or recommends or instructs the agency to

8 make a substantive or material change to a collection of

9 information contained in an existing rule, the Director

10 shall—

11 ‘‘(A) publish an explanation thereof in the Fed12 eral Register; and

13 ‘‘(B) instruct the agency to undertake a rule14 making within a reasonable time limited to consider15 ation of changes to the collection of information con16 tained in the rule and thereafter to submit the col17 lection of information for approval or disapproval

18 under this chapter.

19 ‘‘(3) An agency may not make a substantive or mate20 rial modification to a collection of information after such

21 collection has been approved by the Director, unless the

22 modification has been submitted to the Director for review

23 and approval under this chapter.

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

25 an agency designated under section 3506(a) is sufficiently
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1 independent of program responsibility to evaluate fairly

2 whether proposed collections of information should be ap3 proved and has sufficient resources to carry out this re4 sponsibility effectively, the Director may, by rule in ac5 cordance with the notice and comment provisions of chap6 ter 5 of title 5, United States Code, delegate to such offi7 cial the authority to approve proposed collections of infor8 mation in specific program areas, for specific purposes,

9 or for all agency purposes.

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

11 shall not preclude the Director from reviewing individual

12 collections of information if the Director determines that

13 circumstances warrant such a review. The Director shall

14 retain authority to revoke such delegations, both in gen15 eral and with regard to any specific matter. In acting for

16 the Director, any official to whom approval authority has

17 been delegated under this section shall comply fully with

18 the rules and regulations promulgated by the Director.

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

20 authorize collection of information prior to expiration of

21 time periods established under this chapter, if an agency

22 head determines that—

23 ‘‘(A) a collection of information—

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

25 such time periods; and
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1 ‘‘(ii) is essential to the mission of the agen2 cy; and

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

4 the provisions of this chapter within such time peri5 ods because—

6 ‘‘(i) public harm is reasonably likely to re7 sult if normal clearance procedures are fol8 lowed; or

9 ‘‘(ii) an unanticipated event has occurred

10 and the use of normal clearance procedures is

11 reasonably likely to prevent or disrupt the col12 lection of information related to the event or is

13 reasonably likely to cause a statutory or court14 ordered deadline to be missed.

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

16 such authorization request within the time requested by

17 the agency head and, if approved, shall assign the collec18 tion of information a control number. Any collection of

19 information conducted under this subsection may be con20 ducted without compliance with the provisions of this

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

22 the Director received the request to authorize such collec23 tion.
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1 ‘‘§ 3508. Determination of necessity for information;

2 hearing

3 ‘‘Before approving a proposed collection of informa4 tion, the Director shall determine whether the collection

5 of information by the agency is necessary for the proper

6 performance of the functions of the agency, including

7 whether the information shall have practical utility. Before

8 making a determination the Director may give the agency

9 and other interested persons an opportunity to be heard

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

11 that the Director determines that the collection of infor12 mation by an agency is unnecessary for any reason, the

13 agency may not engage in the collection of information.

14 ‘‘§ 3509. Designation of central collection agency

15 ‘‘The Director may designate a central collection

16 agency to obtain information for two or more agencies if

17 the Director determines that the needs of such agencies

18 for information will be adequately served by a single collec19 tion agency, and such sharing of data is not inconsistent

20 with applicable law. In such cases the Director shall pre21 scribe (with reference to the collection of information) the

22 duties and functions of the collection agency so designated

23 and of the agencies for which it is to act as agent (includ24 ing reimbursement for costs). While the designation is in

25 effect, an agency covered by the designation may not ob26 tain for itself information for the agency which is the duty
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1 of the collection agency to obtain. The Director may mod2 ify the designation from time to time as circumstances re3 quire. The authority to designate under this section is sub4 ject to the provisions of section 3507(f) of this chapter.

5 ‘‘§ 3510. Cooperation of agencies in making informa6 tion available

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

8 available to another agency, or an agency may make avail9 able to another agency, information obtained by a collec10 tion of information if the disclosure is not inconsistent

11 with applicable law.

12 ‘‘(b)(1) If information obtained by an agency is re13 leased by that agency to another agency, all the provisions

14 of law (including penalties which relate to the unlawful

15 disclosure of information) apply to the officers and em16 ployees of the agency to which information is released to

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

18 apply to the officers and employees of the agency which

19 originally obtained the information.

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

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

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

23 relating to the unlawful disclosure of information as if the

24 information had been collected directly by that agency.
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1 ‘‘§ 3511. Establishment and operation of Government

2 Information Locator Service

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

4 information and to promote information sharing and equi5 table access by the public, the Director shall—

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

7 distributed agency-based electronic Government In8 formation Locator Service (hereafter in this section

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

10 major information systems, holdings, and dissemina11 tion products of each agency;

12 ‘‘(2) require each agency to establish and main13 tain an agency information locator service as a com14 ponent of, and to support the establishment and op15 eration of the Service;

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

17 United States, the Administrator of General Serv18 ices, the Public Printer, and the Librarian of Con19 gress, establish an interagency committee to advise

20 the Secretary of Commerce on the development of

21 technical standards for the Service to ensure com22 patibility, promote information sharing, and uniform

23 access by the public;

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

25 needs in the establishment and operation of the

26 Service;
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1 ‘‘(5) ensure the security and integrity of the

2 Service, including measures to ensure that only in3 formation which is intended to be disclosed to the

4 public is disclosed through the Service; and

5 ‘‘(6) periodically review the development and ef6 fectiveness of the Service and make recommenda7 tions for improvement, including other mechanisms

8 for improving public access to Federal agency public

9 information.

10 ‘‘§ 3512. Public protection

11 ‘‘Notwithstanding any other provision of law, no per12 son shall be subject to any penalty for failing to maintain,

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

14 person if the applicable collection of information—

15 ‘‘(1) does not display a valid control number as16 signed by the Director; and

17 ‘‘(2) fails to state that the person who is to re18 spond to the collection of information is not required

19 to comply unless such collection displays a valid con20 trol number.

21 ‘‘§ 3513. Director review of agency activities; report22 ing; agency response

23 ‘‘(a) In consultation with the Administrator of Gen24 eral Services, the Archivist of the United States, the Di25 rector of the National Institute of Standards and Tech-
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1 nology, and the Director of the Office of Personnel Man2 agement, the Director shall periodically review selected

3 agency information resources management activities to as4 certain the efficiency and effectiveness of such activities

5 to improve agency performance and the accomplishment

6 of agency missions.

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

8 subsection (a) shall, within 60 days after receipt of a re9 port on the review, provide a written plan to the Director

10 describing steps (including milestones) to—

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

12 management problems identified in the report; and

13 ‘‘(2) improve agency performance and the ac14 complishment of agency missions.

15 ‘‘§ 3514. Responsiveness to Congress

16 ‘‘(a)(1) The Director shall—

17 ‘‘(A) keep the Congress and congressional com18 mittees fully and currently informed of the major ac19 tivities under this chapter; and

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

21 President of the Senate and the Speaker of the

22 House of Representatives annually and at such other

23 times as the Director determines necessary.

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

25 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 5 10 percent pursuant to

15 section 3505, a list of the programs and statu16 tory responsibilities of those agencies that pre17 cluded that reduction, and recommendations to

18 assist those agencies to reduce information col19 lection 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 ‘‘(f) Notwithstanding any other provision of this

24 chapter or any other law—
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1 ‘‘(1) any public information that an agency dis2 closes, disseminates, or makes available to the public

3 may be used by any person for profit or nonprofit

4 activities; and

5 ‘‘(2) if any person adds value to the public in6 formation, the Federal Government shall not have

7 any right to obtain, collect, acquire, disseminate,

8 use, or convert—

9 ‘‘(A) the resulting data, database, or other

10 information product, or

11 ‘‘(B) any method used by the person to

12 identify such resulting data, database, or infor13 mation product,

14 except under terms that are expressly agreed to by

15 such person.

16 ‘‘§ 3519. Access to information

17 ‘‘Under the conditions and procedures prescribed in

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

19 Office of Information and Regulatory Affairs shall furnish

20 such information as the Comptroller General may require

21 for the discharge of the responsibilities of the Comptroller

22 General. For the purpose of obtaining such information,

23 the Comptroller General or representatives thereof shall

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

25 regardless of form or format, of the Office.
57

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1 ‘‘§ 3520. Authorization of appropriations

2 ‘‘There are authorized to be appropriated to the Of3 fice of Information and Regulatory Affairs to carry out

4 the provisions of this chapter such sums as may be nec5 essary.’’.

6 SEC. 3. EFFECTIVE DATE.

7 The amendments made by this Act shall take effect

8 October 1, 1995.

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Union Calendar No. 19

104TH CONGRESS

1ST SESSION H. R. 830

[Report No. 104–37]

A BILL

To amend chapter 35 of title 44, United States

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 ReFEBRUARY 15, 1995

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-