103D CONGRESS

2D SESSION H. R. 2461

AMENDMENT
In the Senate of the United States,

October 7 (legislative day, September 12), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2461) entitled ‘‘An Act to amend the Federal

Property and Administrative Services Act of 1949 to authorize the transfer to States of surplus personal property for donation to nonprofit providers of necessaries to impoverished

families and individuals’’, do pass with the following

AMENDMENT:

1 Page 2, after line 11, insert:

2 TITLE I—PAPERWORK

3 REDUCTION

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Paperwork Reduction

6 Act of 1994’’.

7 SEC. 102. COORDINATION OF FEDERAL INFORMATION POL8 ICY.

9 Chapter 35 of title 44, United States Code, is amended

10 to read as follows:
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1 ‘‘CHAPTER 35—COORDINATION OF

2 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.

3 ‘‘§ 3501. Purposes

4 ‘‘The purposes of this chapter are to—

5 ‘‘(1) minimize the paperwork burden for individ6 uals, small businesses, educational and nonprofit in7 stitutions, Federal contractors, State, local and tribal

8 governments, and other persons resulting from the col9 lection of information by or for the Federal Govern10 ment;

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

12 from and maximize the utility of information created,

13 collected, maintained, used, shared and disseminated

14 by or for the Federal Government;
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1 ‘‘(3) coordinate, integrate, and to the extent

2 practicable and appropriate, make uniform Federal

3 information resources management policies and prac4 tices as a means to improve the productivity, effi5 ciency, and effectiveness of Government programs, in6 cluding the reduction of information collection bur7 dens on the public and the improvement of service de8 livery to the public;

9 ‘‘(4) improve the quality and use of Federal in10 formation to strengthen decisionmaking, accountabil11 ity, and openness in Government and society;

12 ‘‘(5) minimize the cost to the Federal Govern13 ment of the creation, collection, maintenance, use, dis14 semination, and disposition of information;

15 ‘‘(6) strengthen the partnership between the Fed16 eral Government and State, local, and tribal govern17 ments by minimizing the burden and maximizing the

18 utility of information created, collected, maintained,

19 used, disseminated, and retained by or for the Federal

20 Government;

21 ‘‘(7) provide for the dissemination of public in22 formation on a timely basis, on equitable terms, and

23 in a manner that promotes the utility of the informa24 tion to the public and makes effective use of informa25 tion technology;
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1 ‘‘(8) ensure that the creation, collection, mainte2 nance, use, dissemination, and disposition of infor3 mation by or for the Federal Government is consistent

4 with applicable laws, including laws relating to—

5 ‘‘(A) privacy and confidentiality, including

6 section 552a of title 5;

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

8 Computer Security Act of 1987 (Public Law

9 100–235); and

10 ‘‘(C) access to information, including sec11 tion 552 of title 5;

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

13 the Federal statistical system;

14 ‘‘(10) ensure that information technology is ac15 quired, used, and managed to improve performance of

16 agency missions, including the reduction of informa17 tion collection burdens on the public; and

18 ‘‘(11) improve the responsibility and account19 ability of the Office of Management and Budget and

20 all other Federal agencies to Congress and to the pub21 lic for implementing the information collection review

22 process, information resources management, and re23 lated policies and guidelines established under this

24 chapter.
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1 ‘‘§ 3502. Definitions

2 ‘‘As used in this chapter—

3 ‘‘(1) the term ‘agency’ means any executive de4 partment, military department, Government corpora5 tion, Government controlled corporation, or other es6 tablishment in the executive branch of the Government

7 (including the Executive Office of the President), or

8 any independent regulatory agency, but does not in9 clude—

10 ‘‘(A) the General Accounting Office;

11 ‘‘(B) Federal Election Commission;

12 ‘‘(C) the governments of the District of Co13 lumbia and of the territories and possessions of

14 the United States, and their various subdivi15 sions; or

16 ‘‘(D) Government-owned contractor-operated

17 facilities, including laboratories engaged in na18 tional defense research and production activities;

19 ‘‘(2) the term ‘burden’ means time, effort, or fi20 nancial resources expended by persons to generate,

21 maintain, or provide information to or for a Federal

22 agency, including the resources expended for—

23 ‘‘(A) reviewing instructions;

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

25 technology and systems;
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1 ‘‘(C) adjusting the existing ways to comply

2 with any previously applicable instructions and

3 requirements;

4 ‘‘(D) searching data sources;

5 ‘‘(E) completing and reviewing the collec6 tion of information; and

7 ‘‘(F) transmitting, or otherwise disclosing

8 the information;

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

10 the obtaining, causing to be obtained, soliciting, or re11 quiring the disclosure to third parties or the public,

12 of facts or opinions by or for an agency, regardless

13 of form or format, calling for either—

14 ‘‘(A) answers to identical questions posed to,

15 or identical reporting or recordkeeping require16 ments imposed on, ten or more persons, other

17 than agencies, instrumentalities, or employees of

18 the United States; or

19 ‘‘(B) answers to questions posed to agencies,

20 instrumentalities, or employees of the United

21 States which are to be used for general statistical

22 purposes;

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

24 Office of Management and Budget;
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1 ‘‘(5) the term ‘independent regulatory agency’

2 means the Board of Governors of the Federal Reserve

3 System, the Commodity Futures Trading Commis4 sion, the Consumer Product Safety Commission, the

5 Federal Communications Commission, the Federal

6 Deposit Insurance Corporation, the Federal Energy

7 Regulatory Commission, the Federal Housing Fi8 nance Board, the Federal Maritime Commission, the

9 Federal Trade Commission, the Interstate Commerce

10 Commission, the Mine Enforcement Safety and

11 Health Review Commission, the National Labor Rela12 tions Board, the Nuclear Regulatory Commission, the

13 Occupational Safety and Health Review Commission,

14 the Postal Rate Commission, the Securities and Ex15 change Commission, and any other similar agency

16 designated by statute as a Federal independent regu17 latory agency or commission;

18 ‘‘(6) the term ‘information resources’ means in19 formation and related resources, such as personnel,

20 equipment, funds, and information technology;

21 ‘‘(7) the term ‘information resources manage22 ment’ means the process of managing information re23 sources to accomplish agency missions and to improve

24 agency performance, including through the reduction

25 of information collection burdens on the public;
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1 ‘‘(8) the term ‘information system’ means a dis2 crete set of information resources and processes, auto3 mated or manual, organized for the collection, proc4 essing, maintenance, use, sharing, dissemination, or

5 disposition of information;

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

7 same meaning as the term ‘automatic data processing

8 equipment’ as defined by section 111(a)(2) of the Fed9 eral Property and Administrative Services Act of

10 1949 (40 U.S.C. 759(a)(2));

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

12 partnership, association, corporation, business trust,

13 or legal representative, an organized group of individ14 uals, a State, territorial, or local government or

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

16 territory, or local government or a branch of a politi17 cal subdivision;

18 ‘‘(11) the term ‘practical utility’ means the abil19 ity of an agency to use information, particularly the

20 capability to process such information in a timely

21 and useful fashion;

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

23 information, regardless of form or format, that an

24 agency discloses, disseminates, or makes available to

25 the public; and
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1 ‘‘(13) the term ‘recordkeeping requirement’

2 means a requirement imposed by or for an agency on

3 persons to maintain specified records.

4 ‘‘§ 3503. Office of Information and Regulatory Affairs

5 ‘‘(a) There is established in the Office of Management

6 and Budget an office to be known as the Office of Informa7 tion and Regulatory Affairs.

8 ‘‘(b) There shall be at the head of the Office an Admin9 istrator who shall be appointed by the President, by and

10 with the advice and consent of the Senate. The Director

11 shall delegate to the Administrator the authority to admin12 ister all functions under this chapter, except that any such

13 delegation shall not relieve the Director of responsibility for

14 the administration of such functions. The Administrator

15 shall serve as principal adviser to the Director on Federal

16 information resources management policy.

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

18 Information and Regulatory Affairs shall be appointed with

19 special attention to professional qualifications required to

20 administer the functions of the Office described under this

21 chapter. Such qualifications shall include relevant edu22 cation, work experience, or related professional activities.

23 ‘‘§ 3504. Authority and functions of Director

24 ‘‘(a)(1) The Director shall oversee the use of informa25 tion resources to improve the efficiency and effectiveness of
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1 governmental operations to serve agency missions, includ2 ing service delivery to the public. In performing such over3 sight, the Director shall—

4 ‘‘(A) develop, coordinate and oversee the imple5 mentation of Federal information resources manage6 ment policies, principles, standards, and guidelines;

7 and

8 ‘‘(B) provide direction and oversee—

9 ‘‘(i) the review of the collection of informa10 tion and the reduction of the information collec11 tion burden;

12 ‘‘(ii) agency dissemination of and public

13 access to information;

14 ‘‘(iii) statistical activities;

15 ‘‘(iv) records management activities;

16 ‘‘(v) privacy, confidentiality, security, dis17 closure, and sharing of information; and

18 ‘‘(vi) the acquisition and use of information

19 technology.

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

21 shall be exercised consistent with applicable law.

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

23 management policy, the Director shall—
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1 ‘‘(1) develop and oversee the implementation of

2 uniform information resources management policies,

3 principles, standards, and guidelines;

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

5 access to public information, including through—

6 ‘‘(A) the use of the Government Information

7 Locator Service; and

8 ‘‘(B) the development and utilization of

9 common standards for information collection,

10 storage, processing and communication, includ11 ing standards for security, interconnectivity and

12 interoperability;

13 ‘‘(3) initiate and review proposals for changes in

14 legislation, regulations, and agency procedures to im15 prove information resources management practices;

16 ‘‘(4) oversee the development and implementation

17 of best practices in information resources manage18 ment, including training; and

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

20 management functions with information resources

21 management functions.

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

23 the control of paperwork, the Director shall—

24 ‘‘(1) review proposed agency collections of infor25 mation, and in accordance with section 3508, deter-
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1 mine whether the collection of information by or for

2 an agency is necessary for the proper performance of

3 the functions of the agency, including whether the in4 formation shall have practical utility;

5 ‘‘(2) coordinate the review of the collection of in6 formation associated with Federal procurement and

7 acquisition by the Office of Information and Regu8 latory Affairs with the Office of Federal Procurement

9 Policy, with particular emphasis on applying infor10 mation technology to improve the efficiency and effec11 tiveness of Federal procurement and acquisition and

12 to reduce information collection burdens on the pub13 lic;

14 ‘‘(3) minimize the Federal information collection

15 burden, with particular emphasis on those individ16 uals and entities most adversely affected;

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

18 benefit from information collected by or for the Fed19 eral Government; and

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

22 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 information

5 and fulfill the purposes of this chapter, including

6 through the effective use of information technology.

7 ‘‘(e) With respect to statistical policy and coordina8 tion, the Director shall—

9 ‘‘(1) coordinate the activities of the Federal sta10 tistical system to ensure—

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

12 system; and

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

14 utility, and confidentiality of information col15 lected for statistical purposes;

16 ‘‘(2) ensure that budget proposals of agencies are

17 consistent with system-wide priorities for maintain18 ing and improving the quality of Federal statistics

19 and prepare an annual report on statistical program

20 funding;

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

22 Governmentwide policies, principles, standards, and

23 guidelines concerning—

24 ‘‘(A) statistical collection procedures and

25 methods;
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1 ‘‘(B) statistical data classification;

2 ‘‘(C) statistical information presentation

3 and dissemination;

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

5 ‘‘(E) such statistical data sources as may be

6 required for the administration of Federal pro7 grams;

8 ‘‘(4) evaluate statistical program performance

9 and agency compliance with Governmentwide poli10 cies, principles, standards and guidelines;

11 ‘‘(5) promote the sharing of information collected

12 for statistical purposes consistent with privacy rights

13 and confidentiality pledges;

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

15 States in international statistical activities, including

16 the development of comparable statistics;

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

18 and experienced professional statistician to carry out

19 the functions described under this subsection;

20 ‘‘(8) establish an Interagency Council on Statis21 tical Policy to advise and assist the Director in car22 rying out the functions under this subsection that

23 shall—

24 ‘‘(A) be headed by the chief statistician; and

25 ‘‘(B) consist of—
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1 ‘‘(i) the heads of the major statistical

2 programs; and

3 ‘‘(ii) representatives of other statistical

4 agencies under rotating membership; and

5 ‘‘(9) provide opportunities for training in statis6 tical policy functions to employees of the Federal Gov7 ernment under which—

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

9 discretion of the Director based on agency re10 quests and shall serve under the chief statistician

11 for at least 6 months and not more than 1 year;

12 and

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

14 by the agency requesting training.

15 ‘‘(f) With respect to records management, the Director

16 shall—

17 ‘‘(1) provide advice and assistance to the Archi18 vist of the United States and the Administrator of

19 General Services to promote coordination in the ad20 ministration of chapters 29, 31, and 33 of this title

21 with the information resources management policies,

22 principles, standards, and guidelines established

23 under this chapter;

24 ‘‘(2) review compliance by agencies with—
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1 ‘‘(A) the requirements of chapters 29, 31,

2 and 33 of this title; and

3 ‘‘(B) regulations promulgated by the Archi4 vist of the United States and the Administrator

5 of General Services; and

6 ‘‘(3) oversee the application of records manage7 ment policies, principles, standards, and guidelines,

8 including requirements for archiving information

9 maintained in electronic format, in the planning and

10 design of information systems.

11 ‘‘(g) With respect to privacy and security, the Director

12 shall—

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

14 policies, principles, standards, and guidelines on pri15 vacy, confidentiality, security, disclosure and sharing

16 of information collected or maintained by or for agen17 cies;

18 ‘‘(2) oversee and coordinate compliance with sec19 tions 552 and 552a of title 5, the Computer Security

20 Act of 1987 (40 U.S.C. 759 note), and related infor21 mation management laws; and

22 ‘‘(3) require Federal agencies, consistent with the

23 Computer Security Act of 1987 (40 U.S.C. 759 note),

24 to identify and afford security protections commensu25 rate with the risk and magnitude of the harm result-
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1 ing from the loss, misuse, or unauthorized access to

2 or modification of information collected or main3 tained by or on behalf of an agency.

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

5 the Director shall—

6 ‘‘(1) in consultation with the Director of the Na7 tional Institute of Standards and Technology and the

8 Administrator of General Services—

9 ‘‘(A) develop and oversee the implementa10 tion of policies, principles, standards, and guide11 lines for information technology functions and

12 activities of the Federal Government, including

13 periodic evaluations of major information sys14 tems; and

15 ‘‘(B) oversee the development and imple16 mentation of standards under section 111(d) of

17 the Federal Property and Administrative Serv18 ices Act of 1949 (40 U.S.C. 759(d));

19 ‘‘(2) monitor the effectiveness of, and compliance

20 with, directives issued under sections 110 and 111 of

21 the Federal Property and Administrative Services Act

22 of 1949 (40 U.S.C. 757 and 759) and review proposed

23 determinations under section 111(e) of such Act;

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

25 the Office of Information and Regulatory Affairs of
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1 policy associated with Federal procurement and ac2 quisition of information technology with the Office of

3 Federal Procurement Policy;

4 ‘‘(4) ensure, through the review of agency budget

5 proposals, information resources management plans

6 and other means—

7 ‘‘(A) agency integration of information re8 sources management plans, program plans and

9 budgets for acquisition and use of information

10 technology; and

11 ‘‘(B) the efficiency and effectiveness of inter12 agency information technology initiatives to im13 prove agency performance and the accomplish14 ment of agency missions; and

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

16 by the Federal Government to improve the productiv17 ity, efficiency, and effectiveness of Federal programs,

18 including through dissemination of public informa19 tion and the reduction of information collection bur20 dens on the public.

21 ‘‘§ 3505. Assignment of tasks and deadlines

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

23 Director shall—

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

25 annual Governmentwide goal for the reduction of in-
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1 formation collection burdens by at least five percent,

2 and set annual agency goals to—

3 ‘‘(A) reduce information collection burdens

4 imposed on the public that—

5 ‘‘(i) represent the maximum prac6 ticable opportunity in each agency; and

7 ‘‘(ii) are consistent with improving

8 agency management of the process for the

9 review of collections of information estab10 lished under section 3506(c); and

11 ‘‘(B) improve information resources man12 agement in ways that increase the productivity,

13 efficiency and effectiveness of Federal programs,

14 including service delivery to the public;

15 ‘‘(2) with selected agencies and non-Federal enti16 ties on a voluntary basis, conduct pilot projects to test

17 alternative policies, practices, regulations, and proce18 dures to fulfill the purposes of this chapter, particu19 larly with regard to minimizing the Federal informa20 tion collection burden;

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

22 General Services, the Director of the National Insti23 tute of Standards and Technology, the Archivist of the

24 United States, and the Director of the Office of Per25 sonnel Management, develop and maintain a Govern-
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1 mentwide strategic plan for information resources

2 management, that shall include—

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

4 means by which the Federal Government shall

5 apply information resources to improve agency

6 and program performance;

7 ‘‘(B) plans for—

8 ‘‘(i) reducing information burdens on

9 the public, including reducing such burdens

10 through the elimination of duplication and

11 meeting shared data needs with shared re12 sources;

13 ‘‘(ii) enhancing public access to and

14 dissemination of, information, using elec15 tronic and other formats; and

16 ‘‘(iii) meeting the information tech17 nology needs of the Federal Government in

18 accordance with the requirements of sections

19 110 and 111 of the Federal Property and

20 Administrative Services Act of 1949 (40

21 U.S.C. 757 and 759), and the purposes of

22 this chapter; and

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

24 information resources management to improve
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1 agency performance and the accomplishment of

2 missions; and

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

4 General Services, issue guidelines for the establish5 ment and operation in each agency of a process, as

6 required under section 3506(h)(5) of this chapter, to

7 review major information systems initiatives, includ8 ing acquisition and use of information technology.

9 ‘‘§ 3506. Federal agency responsibilities

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

11 for—

12 ‘‘(A) carrying out the agency’s information re13 sources management activities to improve agency pro14 ductivity, efficiency, and effectiveness; and

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

16 chapter and related policies established by the Direc17 tor.

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

19 the head of each agency shall designate a senior official who

20 shall report directly to such agency head to carry out the

21 responsibilities of the agency under this chapter.

22 ‘‘(B) The Secretary of the Department of Defense and

23 the Secretary of each military department may each des24 ignate a senior official who shall report directly to such

25 Secretary to carry out the responsibilities of the department
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1 under this chapter. If more than one official is designated

2 for the military departments, the respective duties of the

3 officials shall be clearly delineated.

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

5 (2) shall head an office responsible for ensuring agency com6 pliance with and prompt, efficient, and effective implemen7 tation of the information policies and information resources

8 management responsibilities established under this chapter,

9 including the reduction of information collection burdens

10 on the public. The senior official and employees of such of11 fice shall be selected with special attention to the profes12 sional qualifications required to administer the functions

13 described under this chapter.

14 ‘‘(4) Each agency program official shall be responsible

15 and accountable for information resources assigned to and

16 supporting the programs under such official. In consulta17 tion with the senior official designated under paragraph (2)

18 and the agency Chief Financial Officer (or comparable offi19 cial), each agency program official shall define program in20 formation needs and develop strategies, systems, and capa21 bilities to meet those needs.

22 ‘‘(5) The head of each agency shall establish a perma23 nent information resources management steering committee,

24 which shall be chaired by the senior official designated

25 under paragraph (2) and shall include senior program offi-
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1 cials and the Chief Financial Officer (or comparable offi2 cial). Each steering committee shall—

3 ‘‘(A) assist and advise the head of the agency in

4 carrying out information resources management re5 sponsibilities of the agency;

6 ‘‘(B) assist and advise the senior official des7 ignated under paragraph (2) in the establishment of

8 performance measures for information resources man9 agement that relate to program missions;

10 ‘‘(C) select, control, and evaluate all major infor11 mation system initiatives (including acquisitions of

12 information technology) in accordance with the re13 quirements of subsection (h)(5); and

14 ‘‘(D) identify opportunities to redesign business

15 practices and supporting information systems to im16 prove agency performance.

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

18 management, each agency shall—

19 ‘‘(1) develop information systems, processes, and

20 procedures to—

21 ‘‘(A) reduce information collection burdens

22 on the public;

23 ‘‘(B) increase program efficiency and effec24 tiveness; and
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1 ‘‘(C) improve the integrity, quality, and

2 utility of information to all users within and

3 outside the agency, including capabilities for en4 suring dissemination of public information, pub5 lic access to government information, and protec6 tions for privacy and security;

7 ‘‘(2) in accordance with guidance by the Direc8 tor, develop and maintain a strategic information re9 sources management plan that shall describe how in10 formation resources management activities help ac11 complish agency missions;

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

13 to—

14 ‘‘(A) ensure that information resources

15 management operations and decisions are inte16 grated with organizational planning, budget, fi17 nancial management, human resources manage18 ment, and program decisions;

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

20 comprehensive and controlled process of informa21 tion systems selection, development, and evalua22 tion;

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

24 Financial Officer (or comparable official), de25 velop a full and accurate accounting of informa-
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1 tion technology expenditures, related expenses,

2 and results; and

3 ‘‘(D) establish goals for improving informa4 tion resources management’s contribution to pro5 gram productivity, efficiency, and effectiveness,

6 methods for measuring progress towards those

7 goals, and clear roles and responsibilities for

8 achieving those goals;

9 ‘‘(4) in consultation with the Director, the Ad10 ministrator of General Services, and the Archivist of

11 the United States, maintain a current and complete

12 inventory of the agency’s information resources, in13 cluding directories necessary to fulfill the require14 ments of section 3511 of this chapter; and

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

16 Director of the Office of Personnel Management, con17 duct formal training programs to educate agency pro18 gram and management officials about information re19 sources management.

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

21 the control of paperwork, each agency shall—

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

23 by the official designated under subsection (a), that is

24 sufficiently independent of program responsibility to
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1 evaluate fairly whether proposed collections of infor2 mation should be approved under this chapter, to—

3 ‘‘(A) review each collection of information

4 before submission to the Director for review

5 under this chapter, including—

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

7 collection of information;

8 ‘‘(ii) a functional description of the in9 formation to be collected;

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

11 information;

12 ‘‘(iv) a specific, objectively supported

13 estimate of burden;

14 ‘‘(v) a test of the collection of informa15 tion through a pilot program, if appro16 priate; and

17 ‘‘(vi) a plan for the efficient and effec18 tive management and use of the information

19 to be collected, including necessary re20 sources;

21 ‘‘(B) ensure that each information collec22 tion—

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

24 number and, if appropriate, an expiration

25 date;
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1 ‘‘(ii) indicates the collection is in ac2 cordance with the clearance requirements of

3 section 3507; and

4 ‘‘(iii) contains a statement to inform

5 the person receiving the collection of infor6 mation—

7 ‘‘(I) the reasons the information is

8 being collected;

9 ‘‘(II) the way such information is

10 to be used;

11 ‘‘(III) an estimate, to the extent

12 practicable, of the burden of the collec13 tion; and

14 ‘‘(IV) whether responses to the col15 lection of information are voluntary,

16 required to obtain a benefit, or manda17 tory; and

18 ‘‘(C) assess the information collection bur19 den of proposed legislation affecting the agency;

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

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

22 and otherwise consult with members of the public and

23 affected agencies concerning each proposed collection

24 of information, to solicit comment to—
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1 ‘‘(i) evaluate whether the proposed collection

2 of information is necessary for the proper per3 formance of the functions of the agency, includ4 ing whether the information shall have practical

5 utility;

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

7 estimate of the burden of the proposed collection

8 of information;

9 ‘‘(iii) enhance the quality, utility, and clar10 ity of the information to be collected; and

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

12 of information on those who are to respond, in13 cluding through the use of automated collection

14 techniques or other forms of information tech15 nology; and

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

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

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

19 comment through the notice of proposed rulemaking

20 for the proposed rule and such notice shall have the

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

22 through (iv); and

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

24 such certification, including public comments received

25 by the agency) that each collection of information
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1 submitted to the Director for review under section

2 3507—

3 ‘‘(A) is necessary for the proper perform4 ance of the functions of the agency, including

5 that the information has practical utility;

6 ‘‘(B) is not unnecessarily duplicative of in7 formation otherwise reasonably accessible to the

8 agency;

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

10 appropriate the burden on persons who shall

11 provide information to or for the agency, includ12 ing with respect to small entities, as defined

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

14 techniques as—

15 ‘‘(i) establishing differing compliance

16 or reporting requirements or timetables that

17 take into account the resources available to

18 those who are to respond;

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

20 simplification of compliance and reporting

21 requirements; or

22 ‘‘(iii) an exemption from coverage of

23 the collection of information, or any part

24 thereof;
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1 ‘‘(D) is written using plain, coherent, and

2 unambiguous terminology and is understandable

3 to those who are to respond;

4 ‘‘(E) is to be implemented in ways consist5 ent and compatible, to the maximum extent

6 practicable, with the existing reporting and rec7 ordkeeping practices of those who are to respond;

8 ‘‘(F) contains the statement required under

9 paragraph (1)(B)(iii);

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

11 has planned and allocated resources for the effi12 cient and effective management and use of the

13 information to be collected, including the process14 ing of the information in a manner which shall

15 enhance, where appropriate, the utility of the in16 formation to agencies and the public;

17 ‘‘(H) uses effective and efficient statistical

18 survey methodology appropriate to the purpose

19 for which the information is to be collected; and

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

21 uses information technology to reduce burden

22 and improve data quality, agency efficiency and

23 responsiveness to the public.

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

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

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

5 private sources for information based on govern6 ment public information, and

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

9 manner;

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

11 on the agency’s information dissemination activities;

12 and

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

14 statute—

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

16 other distribution arrangement that interferes

17 with timely and equitable availability of public

18 information to the public;

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

20 redissemination of public information by the

21 public;

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

23 redissemination of public information; or

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

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

4 integrity, and objectivity of information collected or

5 created for statistical purposes;

6 ‘‘(2) inform respondents fully and accurately

7 about the sponsors, purposes, and uses of statistical

8 surveys and studies;

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

10 that disclosure policies fully honor pledges of con11 fidentiality;

12 ‘‘(4) observe Federal standards and practices for

13 data collection, analysis, documentation, sharing, and

14 dissemination of information;

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

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

18 and studies; and

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

20 and readily accessible to the public.

21 ‘‘(f) With respect to records management, each agency

22 shall implement and enforce applicable policies and proce23 dures, including requirements for archiving information

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

2 shall—

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

4 procedures, standards, and guidelines on privacy,

5 confidentiality, security, disclosure and sharing of in6 formation collected or maintained by or for the agen7 cy;

8 ‘‘(2) assume responsibility and accountability for

9 compliance with and coordinated management of sec10 tions 552 and 552a of title 5, the Computer Security

11 Act of 1987 (40 U.S.C. 759 note), and related infor12 mation management laws; and

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

14 of 1987 (40 U.S.C. 759 note), identify and afford se15 curity protections commensurate with the risk and

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

19 an agency.

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

21 each agency shall—

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

2 any acquisitions made pursuant to a delegation of

3 authority under section 111 of the Federal Property

4 and Administrative Services Act of 1949 (40 U.S.C.

5 759);

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

7 by the agency to improve the productivity, efficiency,

8 and effectiveness of agency programs, including the

9 reduction of information collection burdens on the

10 public and improved dissemination of public infor11 mation;

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

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

15 ability of the agency to use technology to reduce bur16 den; and

17 ‘‘(5) establish, and be responsible for, a major in18 formation system initiative review process, which

19 shall be developed and implemented by the informa20 tion resources management steering committee estab21 lished under subsection (a)(5), consistent with guide22 lines issued under section 3505(4), and include—

23 ‘‘(A) the review of major information sys24 tem initiative proposals and projects (including

25 acquisitions of information technology), approval
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1 or disapproval of each such initiative, and peri2 odic reviews of the development and implementa3 tion of such initiatives, including whether the

4 projected benefits have been achieved;

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

6 evaluative techniques and criteria to—

7 ‘‘(i) assess the economy, efficiency, ef8 fectiveness, risks, and priority of system ini9 tiatives in relation to mission needs and

10 strategies;

11 ‘‘(ii) estimate and verify life-cycle sys12 tem initiative costs; and

13 ‘‘(iii) assess system initiative privacy,

14 security, records management, and dissemi15 nation and access capabilities;

16 ‘‘(C) the use, as appropriate, of independent

17 cost evaluations of data developed under sub18 paragraph (B); and

19 ‘‘(D) the inclusion of relevant information

20 about approved initiatives in the agency’s an21 nual budget request.
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1 ‘‘§ 3507. Public information collection activities; sub2 mission to Director; approval and delega3 tion

4 ‘‘(a) An agency shall not conduct or sponsor the collec5 tion of information unless in advance of the adoption or

6 revision of the collection of information—

7 ‘‘(1) the agency has—

8 ‘‘(A) conducted the review established under

9 section 3506(c)(1);

10 ‘‘(B) evaluated the public comments received

11 under section 3506(c)(2);

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

14 proposed collection of information, copies of per15 tinent statutory authority, regulations, and other

16 related materials as the Director may specify;

17 and

18 ‘‘(D) published a notice in the Federal Reg19 ister—

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

21 such submission; and

22 ‘‘(ii) setting forth—

23 ‘‘(I) a title for the collection of in24 formation;

25 ‘‘(II) a summary of the collection

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

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

4 ‘‘(IV) a description of the likely

5 respondents and proposed frequency of

6 response to the collection of informa7 tion;

8 ‘‘(V) an estimate of the burden

9 that shall result from the collection of

10 information; and

11 ‘‘(VI) notice that comments may

12 be submitted to the agency and Direc13 tor;

14 ‘‘(2) the Director has approved the proposed col15 lection of information or approval has been inferred,

16 under the provisions of this section; and

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

18 a control number to be displayed upon the collection

19 of information.

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

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

23 (j).

24 ‘‘(c)(1) For any proposed collection of information not

25 contained in a proposed rule, the Director shall notify the
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1 agency involved of the decision to approve or disapprove

2 the proposed collection of information.

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

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

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

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

7 denial or approval within the 60-day period described

8 under paragraph (2)—

9 ‘‘(A) the approval may be inferred;

10 ‘‘(B) a control number shall be assigned without

11 further delay; and

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

13 not more than 2 years.

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

15 contained in a proposed rule—

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

17 date of publication of a notice of proposed rulemaking

18 in the Federal Register, each agency shall forward to

19 the Director a copy of any proposed rule which con20 tains a collection of information and any information

21 requested by the Director necessary to make the deter22 mination required under this subsection; and

23 ‘‘(B) within 60 days after the notice of proposed

24 rulemaking is published in the Federal Register, the

25 Director may file public comments pursuant to the
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1 standards set forth in section 3508 on the collection

2 of information contained in the proposed rule;

3 ‘‘(2) When a final rule is published in the Federal Reg4 ister, the agency shall explain—

5 ‘‘(A) how any collection of information contained

6 in the final rule responds to the comments, if any,

7 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 to

15 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 that the agency’s response to the Director’s

2 comments filed under paragraph (2) of this subsection

3 was unreasonable; or

4 ‘‘(D) from disapproving any collection of infor5 mation contained in a final rule, if—

6 ‘‘(i) the Director determines that the agency

7 has substantially modified in the final rule the

8 collection of information contained in the pro9 posed rule; and

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

11 the information required under paragraph (1)

12 with respect to the modified collection of infor13 mation, at least 60 days before the issuance of

14 the final rule.

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

16 publishes a notice of proposed rulemaking and requests pub17 lic comments.

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

19 act upon a collection of information contained in an agency

20 rule shall not be subject to judicial review.

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

22 (c), (d), (h), or (j) to disapprove a collection of information,

23 or to instruct the agency to make substantive or material

24 change to a collection of information, shall be publicly
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1 available and include an explanation of the reasons for such

2 decision.

3 ‘‘(2) Any written communication between the Office of

4 the Director, the Administrator of the Office of Information

5 and Regulatory Affairs, or any employee of the Office of

6 Information and Regulatory Affairs and an agency or per7 son not employed by the Federal Government concerning

8 a proposed collection of information shall be made available

9 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 which

14 has been specifically authorized under criteria estab15 lished by an Executive order or an Act of Congress

16 to be kept secret in the interest of national defense or

17 foreign policy; or

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

19 of information which has not been approved under

20 this chapter, the disclosure of which could lead to re21 taliation or discrimination against the communica22 tor.

23 ‘‘(f)(1) An independent regulatory agency which is ad24 ministered by 2 or more members of a commission, board,

25 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 of

3 an independent regulatory agency; or

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

5 (d) of section 3507 concerning such an agency.

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

7 disapproval or exercise to the Director, and explain the rea8 sons for such vote. The Director shall without further delay

9 assign a control number to such collection of information,

10 and such vote to void the disapproval or exercise shall be

11 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 collec16 tion of information, the agency shall—

17 ‘‘(A) conduct the review established under section

18 3506(c), including the seeking of comment from the

19 public on the continued need for, and burden imposed

20 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 before

23 the expiration date of the control number assigned by

24 the Director for the currently approved collection of

25 information, submit the collection of information for
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1 review and approval under this section, which shall

2 include an explanation of how the agency has used

3 the information that it has collected.

4 ‘‘(2) If under the provisions of this section, the Director

5 disapproves a collection of information contained in an ex6 isting rule, or recommends or instructs the agency to make

7 a substantive or material change to a collection of informa8 tion contained in an existing rule, the Director shall—

9 ‘‘(A) publish an explanation thereof in the Fed10 eral Register; and

11 ‘‘(B) instruct the agency to undertake a rule12 making within a reasonable time limited to consider13 ation of changes to the collection of information con14 tained in the rule and thereafter to submit the collec15 tion of information for approval or disapproval under

16 this chapter.

17 ‘‘(3) An agency may not make a substantive or mate18 rial modification to a collection of information after such

19 collection has been approved by the Director, unless the

20 modification has been submitted to the Director for review

21 and approval under this chapter.

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

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

24 independent of program responsibility to evaluate fairly

25 whether proposed collections of information should be ap-
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1 proved and has sufficient resources to carry out this respon2 sibility effectively, the Director may, by rule in accordance

3 with the notice and comment provisions of chapter 5 of title

4 5, United States Code, delegate to such official the authority

5 to approve proposed collections of information in specific

6 program areas, for specific purposes, or for all agency pur7 poses.

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

9 shall not preclude the Director from reviewing individual

10 collections of information if the Director determines that

11 circumstances warrant such a review. The Director shall

12 retain authority to revoke such delegations, both in general

13 and with regard to any specific matter. In acting for the

14 Director, any official to whom approval authority has been

15 delegated under this section shall comply fully with the

16 rules and regulations promulgated by the Director.

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

18 authorize collection of information prior to expiration of

19 time periods established under this chapter, if an agency

20 head determines that—

21 ‘‘(A) a collection of information—

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

23 such time periods; and

24 ‘‘(ii) is essential to the mission of the agen25 cy; and
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1 ‘‘(B) the agency cannot reasonably comply with

2 the provisions of this chapter within such time peri3 ods because—

4 ‘‘(i) public harm is reasonably likely to re5 sult if normal clearance procedures are followed;

6 or

7 ‘‘(ii) an unanticipated event has occurred

8 and the use of normal clearance procedures is

9 reasonably likely to prevent or disrupt the collec10 tion of information related to the event or is rea11 sonably likely to cause a statutory or court-or12 dered deadline to be missed.

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

14 such authorization request within the time requested by the

15 agency head and, if approved, shall assign the collection

16 of information a control number. Any collection of informa17 tion conducted under this subsection may be conducted

18 without compliance with the provisions of this chapter for

19 a maximum of 90 days after the date on which the Director

20 received the request to authorize such collection.

21 ‘‘§ 3508. Determination of necessity for information;

22 hearing

23 ‘‘Before approving a proposed collection of informa24 tion, the Director shall determine whether the collection of

25 information by the agency is necessary for the proper per-
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1 formance of the functions of the agency, including whether

2 the information shall have practical utility. Before making

3 a determination the Director may give the agency and other

4 interested persons an opportunity to be heard or to submit

5 statements in writing. To the extent that the Director deter6 mines that the collection of information by an agency is

7 unnecessary for the proper performance of the functions of

8 the agency, for any reason, the agency may not engage in

9 the collection of information.

10 ‘‘§ 3509. Designation of central collection agency

11 ‘‘The Director may designate a central collection agen12 cy to obtain information for two or more agencies if the

13 Director determines that the needs of such agencies for in14 formation will be adequately served by a single collection

15 agency, and such sharing of data is not inconsistent with

16 applicable law. In such cases the Director shall prescribe

17 (with reference to the collection of information) the duties

18 and functions of the collection agency so designated and of

19 the agencies for which it is to act as agent (including reim20 bursement for costs). While the designation is in effect, an

21 agency covered by the designation may not obtain for itself

22 information for the agency which is the duty of the collec23 tion agency to obtain. The Director may modify the des24 ignation from time to time as circumstances require. The
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1 authority to designate under this section is subject to the

2 provisions of section 3507(f) of this chapter.

3 ‘‘§ 3510. Cooperation of agencies in making informa4 tion available

5 ‘‘(a) The Director may direct an agency to make avail6 able to another agency, or an agency may make available

7 to another agency, information obtained by a collection of

8 information if the disclosure is not inconsistent with appli9 cable law.

10 ‘‘(b)(1) If information obtained by an agency is re11 leased by that agency to another agency, all the provisions

12 of law (including penalties which relate to the unlawful dis13 closure of information) apply to the officers and employees

14 of the agency to which information is released to the same

15 extent and in the same manner as the provisions apply to

16 the officers and employees of the agency which originally

17 obtained the information.

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

19 the information is released, in addition, shall be subject to

20 the same provisions of law, including penalties, relating to

21 the unlawful disclosure of information as if the information

22 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 Infor8 mation Locator Service (hereafter in this section re9 ferred 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 oper15 ation of the Service;

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

17 United States, the Administrator of General Services,

18 the Public Printer, and the Librarian of Congress, es19 tablish an interagency committee to advise the Sec20 retary of Commerce on the development of technical

21 standards for the Service to ensure compatibility, pro22 mote information sharing, and uniform access by the

23 public;

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

25 in the establishment and operation of the Service;
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1 ‘‘(5) ensure the security and integrity of the

2 Service, including measures to ensure that only infor3 mation which is intended to be disclosed to the public

4 is disclosed through the Service; and

5 ‘‘(6) periodically review the development and ef6 fectiveness of the Service and make recommendations

7 for improvement, including other mechanisms for im8 proving public access to Federal agency public infor9 mation.

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) was made after December 31, 1981; and

16 ‘‘(2)(A) does not display a valid control number

17 assigned by the Director; or

18 ‘‘(B) fails to state that such collection is not sub19 ject to this chapter.

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

22 ‘‘(a) In consultation with the Administrator of General

23 Services, the Archivist of the United States, the Director

24 of the National Institute of Standards and Technology, and

25 the Director of the Office of Personnel Management, the Di-
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1 rector shall periodically review selected agency information

2 resources management activities to ascertain the efficiency

3 and effectiveness of such activities to improve agency per4 formance and the accomplishment of agency missions.

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

6 subsection (a) shall, within 60 days after receipt of a report

7 on the review, provide a written plan to the Director de8 scribing steps (including milestones) to—

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

10 management problems identified in the report; and

11 ‘‘(2) improve agency performance and the accom12 plishment of agency missions.

13 ‘‘§ 3514. Responsiveness to Congress

14 ‘‘(a)(1) The Director shall—

15 ‘‘(A) keep the Congress and congressional com16 mittees fully and currently informed of the major ac17 tivities under this chapter; and

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

19 President of the Senate and the Speaker of the House

20 of Representatives annually and at such other times

21 as the Director determines necessary.

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

23 description of the extent to which agencies have—

24 ‘‘(A) reduced information collection burdens on

25 the public, including—
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1 ‘‘(i) a summary of accomplishments and

2 planned initiatives to reduce collection of infor3 mation burdens;

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

5 and of any rules, guidelines, policies, and proce6 dures issued pursuant to this chapter; and

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

8 of information burden, including the authority

9 for each such collection;

10 ‘‘(B) improved the quality and utility of statis11 tical information;

12 ‘‘(C) improved public access to Government in13 formation; and

14 ‘‘(D) improved program performance and the ac15 complishment of agency missions through information

16 resources management.

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

18 section shall be based on performance results reported by

19 the agencies and shall not increase the collection of informa20 tion burden on persons outside the Federal Government.

21 ‘‘§ 3515. Administrative powers

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

23 than an independent regulatory agency) shall, to the extent

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

2 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 management

10 policies, plans, rules, regulations, procedures, and guide11 lines and in reviewing collections of information, the Direc12 tor shall provide interested agencies and persons early and

13 meaningful opportunity to comment.

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

15 any collection of information conducted by or for an agency

16 to determine, if, under this chapter, the person shall main17 tain, provide, or disclose the information to or for the agen18 cy. Unless the request is frivolous, the Director shall, in co19 ordination with the agency responsible for the collection of

20 information—

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

22 receiving the request, unless such period is extended

23 by the Director to a specified date and the person

24 making the request is given notice of such extension;

25 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 the

8 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 pursu12 ant 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 the collection of information—

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

20 investigation or prosecution, or during the disposition

21 of a particular criminal matter;

22 ‘‘(B) during the conduct of—

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

24 States or any official or agency thereof is a

25 party; or
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1 ‘‘(ii) an administrative action or investiga2 tion involving an agency against specific indi3 viduals or entities;

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

5 Antitrust Civil Process Act and section 13 of the Fed6 eral Trade Commission Improvements Act of 1980; or

7 ‘‘(D) during the conduct of intelligence activities

8 as defined in section 4–206 of Executive Order No.

9 12036, issued January 24, 1978, or successor orders,

10 or during the conduct of cryptologic activities that

11 are communications security activities.

12 ‘‘(2) This chapter applies to the collection of informa13 tion during the conduct of general investigations (other

14 than information collected in an antitrust investigation to

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

16 undertaken with reference to a category of individuals or

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

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

19 increasing or decreasing the authority conferred by Public

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

21 Administration, the Secretary of Commerce, or the Director

22 of the Office of Management and Budget.

23 ‘‘(e) Nothing in this chapter shall be interpreted as in24 creasing or decreasing the authority of the President, the

25 Office of Management and Budget or the Director thereof,
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1 under the laws of the United States, with respect to the sub2 stantive policies and programs of departments, agencies

3 and offices, including the substantive authority of any Fed4 eral agency to enforce the civil rights laws.

5 ‘‘§ 3519. Access to information

6 ‘‘Under the conditions and procedures prescribed in

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

8 Office of Information and Regulatory Affairs shall furnish

9 such information as the Comptroller General may require

10 for the discharge of the responsibilities of the Comptroller

11 General. For the purpose of obtaining such information, the

12 Comptroller General or representatives thereof shall have

13 access to all books, documents, papers and records, regard14 less of form or format, of the Office.

15 ‘‘§ 3520. Authorization of appropriations

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

17 be appropriated to the Office of Information and Regu18 latory Affairs to carry out the provisions of this chapter,

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

20 years 1995, 1996, 1997, 1998, and 1999.

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

22 subsection (a) unless such funds are appropriated in an ap23 propriation Act (or continuing resolution) which separately

24 and expressly states the amount appropriated pursuant to

25 subsection (a) of this section.
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1 ‘‘(2) No funds are authorized to be appropriated to the

2 Office of Information and Regulatory Affairs, or to any

3 other officer or administrative unit of the Office of Manage4 ment and Budget, to carry out the provisions of this chap5 ter, or to carry out any function under this chapter, for

6 any fiscal year pursuant to any provision of law other than

7 subsection (a) of this section.’’.

8 SEC. 103. NONAPPLICABILITY OF CERTAIN PROVISIONS OF

9 LAW.

10 The provisions of section 4 and title IV of this Act shall

11 not apply to the provisions and amendments made by this

12 title.

13 SEC. 104. EFFECTIVE DATE.

14 The provisions of this title and the amendments made

15 by this title shall take effect on March 31, 1995.

Attest:

Secretary.
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