I

104TH CONGRESS

1ST SESSION H. R. 830

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

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.

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 and acqui12 sition and to reduce information collection burdens

13 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; and

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

24 Director shall develop and oversee the implementation of

25 policies, principles, standards, and guidelines to—
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1 ‘‘(1) apply to Federal agency dissemination of

2 public information, regardless of the form or format

3 in which such information is disseminated; and

4 ‘‘(2) promote public access to public informa5 tion and fulfill the purposes of this chapter, includ6 ing through the effective use of information tech7 nology.

8 ‘‘(e) With respect to statistical policy and coordina9 tion, the Director shall—

10 ‘‘(1) coordinate the activities of the Federal sta11 tistical system to ensure—

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

13 system; and

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

15 utility, and confidentiality of information col16 lected for statistical purposes;

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

18 are consistent with system-wide priorities for main19 taining and improving the quality of Federal statis20 tics and prepare an annual report on statistical pro21 gram funding;

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

23 Governmentwide policies, principles, standards, and

24 guidelines concerning—
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1 ‘‘(A) statistical collection procedures and

2 methods;

3 ‘‘(B) statistical data classification;

4 ‘‘(C) statistical information presentation

5 and dissemination;

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

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

8 be required for the administration of Federal

9 programs;

10 ‘‘(4) evaluate statistical program performance

11 and agency compliance with Governmentwide poli12 cies, principles, standards and guidelines;

13 ‘‘(5) promote the sharing of information col14 lected for statistical purposes consistent with privacy

15 rights and confidentiality pledges;

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

17 States in international statistical activities, including

18 the development of comparable statistics;

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

20 trained and experienced professional statistician to

21 carry out the functions described under this sub22 section;

23 ‘‘(8) establish an Interagency Council on Statis24 tical Policy to advise and assist the Director in car-
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1 rying out the functions under this subsection that

2 shall—

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

4 and

5 ‘‘(B) consist of—

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

7 programs; and

8 ‘‘(ii) representatives of other statis9 tical agencies under rotating membership;

10 and

11 ‘‘(9) provide opportunities for training in statis12 tical policy functions to employees of the Federal

13 Government under which—

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

15 discretion of the Director based on agency re16 quests and shall serve under the chief statisti17 cian for at least 6 months and not more than

18 1 year; and

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

20 by the agency requesting training.

21 ‘‘(f) With respect to records management, the Direc22 tor shall—

23 ‘‘(1) provide advice and assistance to the Archi24 vist of the United States and the Administrator of

25 General Services to promote coordination in the ad-
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1 ministration of chapters 29, 31, and 33 of this title

2 with the information resources management policies,

3 principles, standards, and guidelines established

4 under this chapter;

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

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

7 and 33 of this title; and

8 ‘‘(B) regulations promulgated by the Ar9 chivist of the United States and the Adminis10 trator of General Services; and

11 ‘‘(3) oversee the application of records manage12 ment policies, principles, standards, and guidelines,

13 including requirements for archiving information

14 maintained in electronic format, in the planning and

15 design of information systems.

16 ‘‘(g) With respect to privacy and security, the Direc17 tor shall—

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

19 policies, principles, standards, and guidelines on pri20 vacy, confidentiality, security, disclosure and sharing

21 of information collected or maintained by or for

22 agencies;

23 ‘‘(2) oversee and coordinate compliance with

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) require Federal agencies, consistent with

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

5 note), to identify and afford security protections

6 commensurate with the risk and magnitude of the

7 harm resulting from the loss, misuse, or unauthor8 ized access to or modification of information col9 lected or maintained by or on behalf of an agency.

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

11 the Director shall—

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

13 National Institute of Standards and Technology and

14 the Administrator of General Services—

15 ‘‘(A) develop and oversee the implementa16 tion of policies, principles, standards, and

17 guidelines for information technology functions

18 and activities of the Federal Government, in19 cluding periodic evaluations of major informa20 tion systems; and

21 ‘‘(B) oversee the development and imple22 mentation of standards under section 111(d) of

23 the Federal Property and Administrative Serv24 ices Act of 1949 (40 U.S.C. 759(d));
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1 ‘‘(2) monitor the effectiveness of, and compli2 ance with, directives issued under sections 110 and

3 111 of the Federal Property and Administrative

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

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

6 the Office of Information and Regulatory Affairs of

7 policy associated with Federal procurement and ac8 quisition of information technology with the Office of

9 Federal Procurement Policy;

10 ‘‘(4) ensure, through the review of agency budg11 et proposals, information resources management

12 plans and other means—

13 ‘‘(A) agency integration of information re14 sources management plans, program plans and

15 budgets for acquisition and use of information

16 technology; and

17 ‘‘(B) the efficiency and effectiveness of

18 inter-agency information technology initiatives

19 to improve agency performance and the accom20 plishment of agency missions; and

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

22 by the Federal Government to improve the produc23 tivity, efficiency, and effectiveness of Federal pro24 grams, including through dissemination of public in-
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1 formation and the reduction of information collection

2 burdens on the public.

3 ‘‘§ 3505. Assignment of tasks and deadlines

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

5 the Director shall—

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

7 annual Governmentwide goal for the reduction of in8 formation collection burdens by at least five percent,

9 and set annual agency goals to—

10 ‘‘(A) reduce information collection burdens

11 imposed on the public that—

12 ‘‘(i) represent the maximum prac13 ticable opportunity in each agency; and

14 ‘‘(ii) are consistent with improving

15 agency management of the process for the

16 review of collections of information estab17 lished under section 3506(c); and

18 ‘‘(B) improve information resources man19 agement in ways that increase the productivity,

20 efficiency and effectiveness of Federal pro21 grams, including service delivery to the public;

22 ‘‘(2) with selected agencies and non-Federal en23 tities on a voluntary basis, initiate and conduct pilot

24 projects to test alternative policies, practices, regula25 tions, and procedures to fulfill the purposes of this
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1 chapter, particularly with regard to minimizing the

2 Federal information collection burden; and

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

4 General Services, the Director of the National Insti5 tute of Standards and Technology, the Archivist of

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

7 Personnel Management, develop and maintain a

8 Governmentwide strategic plan for information re9 sources management, that shall include—

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

11 means by which the Federal Government shall

12 apply information resources to improve agency

13 and program performance;

14 ‘‘(B) plans for—

15 ‘‘(i) reducing information burdens on

16 the public, including reducing such bur17 dens through the elimination of duplication

18 and meeting shared data needs with shared

19 resources;

20 ‘‘(ii) enhancing public access to and

21 dissemination of, information, using elec22 tronic and other formats; and

23 ‘‘(iii) meeting the information tech24 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); and

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) contains the statement required

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

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

20 has planned and allocated resources for the effi21 cient and effective management and use of the

22 information to be collected, including the proc23 essing of the information in a manner which

24 shall enhance, where appropriate, the utility of

25 the information to agencies and the public;
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1 ‘‘(H) uses effective and efficient statistical

2 survey methodology appropriate to the purpose

3 for which the information is to be collected; and

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

5 uses information technology to reduce burden

6 and improve data quality, agency efficiency and

7 responsiveness to the public.

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

9 agency shall—

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

11 and equitable access to the agency’s public informa12 tion, including ensuring such access through—

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

14 private sources for information based on gov15 ernment public information,

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

17 public information maintained in electronic for18 mat, providing timely, equal, and equitable ac19 cess to the underlying data (in whole or in

20 part); and

21 ‘‘(C) agency dissemination of public infor22 mation in an efficient, effective, and economical

23 manner;

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

25 on the agency’s information dissemination activities;
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1 ‘‘(3) provide adequate notice when initiating,

2 substantially modifying, or terminating significant

3 information dissemination products; and

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

5 statute—

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

7 other distribution arrangement that interferes

8 with timely and equitable availability of public

9 information to the public;

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

11 redissemination of public information by the

12 public;

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

14 redissemination of public information; or

15 ‘‘(D) establish user fees for public informa16 tion that exceed the cost of dissemination, ex17 cept that the Director may waive the applica18 tion of this subparagraph to an agency, if—

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

20 written request to the Director, publishes a

21 notice of the request in the Federal Reg22 ister, and provides a copy of the request to

23 the public upon request;

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

25 a statement of the scope, conditions, and
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1 duration of the waiver and the reasons for

2 granting it, and makes such statement

3 available to the public upon request; and

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

5 not materially impair the timely and equi6 table availability of public information to

7 the public.

8 ‘‘(e) With respect to statistical policy and coordina9 tion, each agency shall—

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

11 integrity, and objectivity of information collected or

12 created for statistical purposes;

13 ‘‘(2) inform respondents fully and accurately

14 about the sponsors, purposes, and uses of statistical

15 surveys and studies;

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

17 that disclosure policies fully honor pledges of con18 fidentiality;

19 ‘‘(4) observe Federal standards and practices

20 for data collection, analysis, documentation, sharing,

21 and dissemination of information;

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

23 of statistical surveys and studies, including informa24 tion about the quality and limitations of the surveys

25 and studies; and
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1 ‘‘(6) make data available to statistical agencies

2 and readily accessible to the public.

3 ‘‘(f) With respect to records management, each agen4 cy shall implement and enforce applicable policies and pro5 cedures, including requirements for archiving information

6 maintained in electronic format, particularly in the plan7 ning, design and operation of information systems.

8 ‘‘(g) With respect to privacy and security, each agen9 cy shall—

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

11 procedures, standards, and guidelines on privacy,

12 confidentiality, security, disclosure and sharing of

13 information collected or maintained by or for the

14 agency;

15 ‘‘(2) assume responsibility and accountability

16 for compliance with and coordinated management of

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

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

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

22 security protections commensurate with the risk and

23 magnitude of the harm resulting from the loss, mis24 use, or unauthorized access to or modification of in-
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1 formation collected or maintained by or on behalf of

2 an agency.

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

4 each agency shall—

5 ‘‘(1) implement and enforce applicable Govern6 mentwide and agency information technology man7 agement policies, principles, standards, and guide8 lines;

9 ‘‘(2) assume responsibility and accountability

10 for information technology investments;

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

12 by the agency to improve the productivity, efficiency,

13 and effectiveness of agency programs, including the

14 reduction of information collection burdens on the

15 public and improved dissemination of public infor16 mation;

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

18 and agency procedures to improve information tech19 nology practices, including changes that improve the

20 ability of the agency to use technology to reduce

21 burden; and

22 ‘‘(5) assume responsibility for maximizing the

23 value and assessing and managing the risks of major

24 information systems initiatives through a process

25 that is—
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1 ‘‘(A) integrated with budget, financial, and

2 program management decisions; and

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

4 the results of major information systems initia5 tives.

6 ‘‘§ 3507. Public information collection activities; sub7 mission to Director; approval and delega8 tion

9 ‘‘(a) An agency shall not conduct or sponsor the col10 lection of information unless in advance of the adoption

11 or revision of the collection of information—

12 ‘‘(1) the agency has—

13 ‘‘(A) conducted the review established

14 under section 3506(c)(1);

15 ‘‘(B) evaluated the public comments re16 ceived under section 3506(c)(2);

17 ‘‘(C) submitted to the Director the certifi18 cation required under section 3506(c)(3), the

19 proposed collection of information, copies of

20 pertinent statutory authority, regulations, and

21 other related materials as the Director may

22 specify; and

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

24 Register—
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1 ‘‘(i) stating that the agency has made

2 such submission; and

3 ‘‘(ii) setting forth—

4 ‘‘(I) a title for the collection of

5 information;

6 ‘‘(II) a summary of the collection

7 of information;

8 ‘‘(III) a brief description of the

9 need for the information and the pro10 posed use of the information;

11 ‘‘(IV) a description of the likely

12 respondents and proposed frequency

13 of response to the collection of infor14 mation;

15 ‘‘(V) an estimate of the burden

16 that shall result from the collection of

17 information; and

18 ‘‘(VI) notice that comments may

19 be submitted to the agency and Direc20 tor;

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

22 collection of information or approval has been in23 ferred, under the provisions of this section; and
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1 ‘‘(3) the agency has obtained from the Director

2 a control number to be displayed upon the collection

3 of information.

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

5 public comment prior to making a decision under sub6 section (c), (d), or (h), except for good cause or as pro7 vided under subsection (j).

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

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

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

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

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

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

15 later.

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

17 denial or approval within the 60-day period described

18 under paragraph (2)—

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

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

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

23 not more than 1 year.

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

25 contained in a proposed rule—
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1 ‘‘(A) as soon as practicable, but no later than

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

4 forward to the Director a copy of any proposed rule

5 which contains a collection of information and any

6 information requested by the Director necessary to

7 make the determination required under this sub8 section; and

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

13 collection of information contained in the proposed

14 rule;

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

16 Register, the agency shall explain—

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

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

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

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

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

23 of proposed rulemaking, the Director may not disapprove

24 any collection of information specifically contained in an

25 agency rule.
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1 ‘‘(4) No provision in this section shall be construed

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

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

5 agency rule;

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

8 failed to comply with the requirements of paragraph

9 (1) of this subsection;

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

13 final rule, and after considering the agency’s re14 sponse to the Director’s comments filed under para15 graph (2), that the collection of information cannot

16 be approved under the standards set forth in section

17 3508; or

18 ‘‘(D) from disapproving any collection of infor19 mation contained in a final rule, if—

20 ‘‘(i) the Director determines that the agen21 cy has substantially modified in the final rule

22 the collection of information contained in the

23 proposed rule; and

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

25 the information required under paragraph (1)
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1 with respect to the modified collection of infor2 mation, at least 60 days before the issuance of

3 the final rule.

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

5 publishes a notice of proposed rulemaking and requests

6 public comments.

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

8 act upon a collection of information contained in an agen9 cy rule shall not be subject to judicial review.

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

11 (c), (d), (h), or (j) to disapprove a collection of informa12 tion, or to instruct the agency to make substantive or ma13 terial change to a collection of information, shall be pub14 licly available and include an explanation of the reasons

15 for such decision.

16 ‘‘(2) Any written communication between the Admin17 istrator of the Office of Information and Regulatory Af18 fairs, or any employee of the Office of Information and

19 Regulatory Affairs, and an agency or person not employed

20 by the Federal Government concerning a proposed collec21 tion of information shall be made available to the public.

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

23 of—

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

25 times by procedures established for information
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1 which has been specifically authorized under criteria

2 established by an Executive order or an Act of Con3 gress to be kept secret in the interest of national

4 defense or foreign policy; or

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

6 of information, the disclosure of which could lead to

7 retaliation or discrimination against the communica8 tor.

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

10 administered by 2 or more members of a commission,

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

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

13 or in part, of a proposed collection of information

14 that agency; or

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

16 (d) of section 3507 concerning that agency.

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

18 disapproval or exercise to the Director, and explain the

19 reasons for such vote. The Director shall without further

20 delay assign a control number to such collection of infor21 mation, and such vote to void the disapproval or exercise

22 shall be valid for a period of 3 years.

23 ‘‘(g) The Director may not approve a collection of in24 formation for a period in excess of 3 years.
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1 ‘‘(h)(1) If an agency decides to seek extension of the

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

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

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

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

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

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

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

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

19 existing rule, or recommends or instructs the agency to

20 make a substantive or material change to a collection of

21 information contained in an existing rule, the Director

22 shall—

23 ‘‘(A) publish an explanation thereof in the Fed24 eral Register; and
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1 ‘‘(B) instruct the agency to undertake a rule2 making within a reasonable time limited to consider3 ation of changes to the collection of information con4 tained in the rule and thereafter to submit the col5 lection of information for approval or disapproval

6 under this chapter.

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

9 collection has been approved by the Director, unless the

10 modification has been submitted to the Director for review

11 and approval under this chapter.

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

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

14 independent of program responsibility to evaluate fairly

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

22 or for all agency purposes.

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

24 shall not preclude the Director from reviewing individual

25 collections of information if the Director determines that
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1 circumstances warrant such a review. The Director shall

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

4 the Director, any official to whom approval authority has

5 been delegated under this section shall comply fully with

6 the rules and regulations promulgated by the Director.

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

8 authorize collection of information prior to expiration of

9 time periods established under this chapter, if an agency

10 head determines that—

11 ‘‘(A) a collection of information—

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

13 such time periods; and

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

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

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

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

22 ‘‘(ii) an unanticipated event has occurred

23 and the use of normal clearance procedures is

24 reasonably likely to prevent or disrupt the col25 lection of information related to the event or is
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1 reasonably likely to cause a statutory or court2 ordered deadline to be missed.

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

4 such authorization request within the time requested by

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

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

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

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

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

13 hearing

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

16 of information by the agency is necessary for the proper

17 performance of the functions of the agency, including

18 whether the information shall have practical utility. Before

19 making a determination the Director may give the agency

20 and other interested persons an opportunity to be heard

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

22 that the Director determines that the collection of infor23 mation by an agency is unnecessary for any reason, the

24 agency may not engage in the collection of information.
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1 ‘‘§ 3509. Designation of central collection agency

2 ‘‘The Director may designate a central collection

3 agency to obtain information for two or more agencies if

4 the Director determines that the needs of such agencies

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

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

9 duties and functions of the collection agency so designated

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

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

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

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

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

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

24 with applicable law.

25 ‘‘(b)(1) If information obtained by an agency is re26 leased by that agency to another agency, all the provisions
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1 of law (including penalties which relate to the unlawful

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

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

5 apply to the officers and employees of the agency which

6 originally obtained the information.

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

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

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

10 relating to the unlawful disclosure of information as if the

11 information had been collected directly by that agency.

12 ‘‘§ 3511. Establishment and operation of Government

13 Information Locator Service

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

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

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

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

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

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

23 ‘‘(2) require each agency to establish and main24 tain an agency information locator service as a com-
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1 ponent of, and to support the establishment and op2 eration of the Service;

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

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

7 the Secretary of Commerce on the development of

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

10 access by the public;

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

12 needs in the establishment and operation of the

13 Service;

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

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

17 public is disclosed through the Service; and

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

21 for improving public access to Federal agency public

22 information.

23 ‘‘§ 3512. Public protection

24 ‘‘Notwithstanding any other provision of law, no per25 son shall be subject to any penalty for failing to maintain,
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1 provide, or disclose information to or for any agency or

2 person if the applicable collection of information—

3 ‘‘(1) does not display a valid control number as4 signed by the Director; and

5 ‘‘(2) fails to state that the person who is to re6 spond to the collection of information is not required

7 to comply unless such collection displays a valid con8 trol number.

9 ‘‘§ 3513. Director review of agency activities; report10 ing; agency response

11 ‘‘(a) In consultation with the Administrator of Gen12 eral Services, the Archivist of the United States, the Di13 rector of the National Institute of Standards and Tech14 nology, and the Director of the Office of Personnel Man15 agement, the Director shall periodically review selected

16 agency information resources management activities to as17 certain the efficiency and effectiveness of such activities

18 to improve agency performance and the accomplishment

19 of agency missions.

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

21 subsection (a) shall, within 60 days after receipt of a re22 port on the review, provide a written plan to the Director

23 describing steps (including milestones) to—

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

25 management problems identified in the report; and
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1 ‘‘(2) improve agency performance and the ac2 complishment of agency missions.

3 ‘‘§ 3514. Responsiveness to Congress

4 ‘‘(a)(1) The Director shall—

5 ‘‘(A) keep the Congress and congressional com6 mittees fully and currently informed of the major ac7 tivities under this chapter; and

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

9 President of the Senate and the Speaker of the

10 House of Representatives annually and at such other

11 times as the Director determines necessary.

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

13 a description of the extent to which agencies have—

14 ‘‘(A) reduced information collection burdens on

15 the public, including—

16 ‘‘(i) a summary of accomplishments and

17 planned initiatives to reduce collection of infor18 mation burdens;

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

20 and of any rules, guidelines, policies, and proce21 dures issued pursuant to this chapter;

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

23 of information burden, including the authority

24 for each such collection; and
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1 ‘‘(iv) a list of agencies that in the preced2 ing year did not reduce information collection

3 burdens by at least 5 percent pursuant to sec4 tion 3505, a list of the programs and statutory

5 responsibilities of those agencies that precluded

6 that reduction, and recommendations to assist

7 those agencies to reduce information collection

8 burdens in accordance with that section;

9 ‘‘(B) improved the quality and utility of statis10 tical information;

11 ‘‘(C) improved public access to Government in12 formation; and

13 ‘‘(D) improved program performance and the

14 accomplishment of agency missions through informa15 tion resources management.

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

17 section shall be based on performance results reported by

18 the agencies and shall not increase the collection of infor19 mation burden on persons outside the Federal Govern20 ment.

21 ‘‘§ 3515. Administrative powers

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

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

24 the extent practicable, make its services, personnel, and
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1 facilities available to the Director for the performance of

2 functions under this chapter.

3 ‘‘§ 3516. Rules and regulations

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

5 procedures necessary to exercise the authority provided by

6 this chapter.

7 ‘‘§ 3517. Consultation with other agencies and the

8 public

9 ‘‘(a) In developing information resources manage10 ment policies, plans, rules, regulations, procedures, and

11 guidelines and in reviewing collections of information, the

12 Director shall provide interested agencies and persons

13 early and meaningful opportunity to comment.

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

15 any collection of information conducted by or for an agen16 cy to determine, if, under this chapter, the person shall

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

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

19 in coordination with the agency responsible for the collec20 tion of information—

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

22 after receiving the request, unless such period is ex23 tended by the Director to a specified date and the

24 person making the request is given notice of such ex25 tension; and
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1 ‘‘(2) take appropriate remedial action, if nec2 essary.

3 ‘‘§ 3518. Effect on existing laws and regulations

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

5 authority of an agency under any other law to prescribe

6 policies, rules, regulations, and procedures for Federal in7 formation resources management activities is subject to

8 the authority of the Director under this chapter.

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

10 or reduce the authority of the Secretary of Commerce or

11 the Director of the Office of Management and Budget pur12 suant to Reorganization Plan No. 1 of 1977 (as amended)

13 and Executive order, relating to telecommunications and

14 information policy, procurement and management of tele15 communications and information systems, spectrum use,

16 and related matters.

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

18 chapter shall not apply to obtaining, causing to be ob19 tained, soliciting, or requiring the disclosure to third par20 ties or the public, of facts or opinions—

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

22 investigation or prosecution, or during the disposi23 tion of a particular criminal matter;

24 ‘‘(B) during the conduct of—
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1 ‘‘(i) a civil action to which the United

2 States or any official or agency thereof is a

3 party; or

4 ‘‘(ii) an administrative action or investiga5 tion involving an agency against specific indi6 viduals or entities;

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

8 Antitrust Civil Process Act and section 13 of the

9 Federal Trade Commission Improvements Act of

10 1980; or

11 ‘‘(D) during the conduct of intelligence activi12 ties as defined in section 4–206 of Executive Order

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

14 orders, or during the conduct of cryptologic activities

15 that are communications security activities.

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

17 obtained, soliciting, or requiring the disclosure to third

18 parties or the public, of facts or opinions during the con19 duct of general investigations (other than information col20 lected in an antitrust investigation to the extent provided

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

22 reference to a category of individuals or entities such as

23 a class of licensees or an entire industry.

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

25 increasing or decreasing the authority conferred by Public
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1 Law 89–306 on the Administrator of the General Services

2 Administration, the Secretary of Commerce, or the Direc3 tor of the Office of Management and Budget.

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

5 increasing or decreasing the authority of the President,

6 the Office of Management and Budget or the Director

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

8 to the substantive policies and programs of departments,

9 agencies and offices, including the substantive authority

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

11 ‘‘(f) Notwithstanding any other provision of this

12 chapter or any other law—

13 ‘‘(1) any public information that an agency dis14 closes, disseminates, or makes available to the public

15 may be used by any person for profit or nonprofit

16 activities; and

17 ‘‘(2) if any person adds value to the public in18 formation, the Federal Government shall not have

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

20 use, or convert—

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

22 information product, or

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

24 identify such resulting data, database, or infor25 mation product,
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1 except under terms that are expressly agreed to by

2 such person.

3 ‘‘§ 3519. Access to information

4 ‘‘Under the conditions and procedures prescribed in

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

6 Office of Information and Regulatory Affairs shall furnish

7 such information as the Comptroller General may require

8 for the discharge of the responsibilities of the Comptroller

9 General. For the purpose of obtaining such information,

10 the Comptroller General or representatives thereof shall

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

12 regardless of form or format, of the Office.

13 ‘‘§ 3520. Authorization of appropriations

14 ‘‘There are authorized to be appropriated to the Of15 fice of Information and Regulatory Affairs to carry out

16 the provisions of this chapter such sums as may be nec17 essary.’’.

18 SEC. 3. EFFECTIVE DATE.

19 The amendments made by this Act shall take effect

20 October 1, 1995.

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