In the Senate of the United States,
October 7 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 2461) entitled ‘‘An Act to amend the Federal
Property and Administrative Services Act of 1949 to author-
ize the transfer to States of surplus personal property for do-
nation to nonprofit providers of necessaries to impoverished
families and individuals’’, do pass with the following
AMENDMENT:
Page 2, after line 11, insert:
TITLE I—PAPERWORK
REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Paperwork Reduction
Act of 1994’’.
SEC. 102. COORDINATION OF FEDERAL INFORMATION POL-
ICY.
Chapter 35 of title 44, United States Code, is amended
to read as follows:
HR 2461 EAS
‘‘CHAPTER 35—COORDINATION OF
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.
‘‘§ 3501. Purposes
‘‘The purposes of this chapter are to—
‘‘(1) minimize the paperwork burden for individ-
uals, small businesses, educational and nonprofit in-
stitutions, Federal contractors, State, local and tribal
governments, and other persons resulting from the col-
lection of information by or for the Federal Govern-
ment;
‘‘(2) ensure the greatest possible public benefit
from and maximize the utility of information created,
collected, maintained, used, shared and disseminated
by or for the Federal Government;
HR 2461 EAS
‘‘(3) coordinate, integrate, and to the extent
practicable and appropriate, make uniform Federal
information resources management policies and prac-
tices as a means to improve the productivity, effi-
ciency, and effectiveness of Government programs, in-
cluding the reduction of information collection bur-
dens on the public and the improvement of service de-
livery to the public;
‘‘(4) improve the quality and use of Federal in-
formation to strengthen decisionmaking, accountabil-
ity, and openness in Government and society;
‘‘(5) minimize the cost to the Federal Govern-
ment of the creation, collection, maintenance, use, dis-
semination, and disposition of information;
‘‘(6) strengthen the partnership between the Fed-
eral Government and State, local, and tribal govern-
ments by minimizing the burden and maximizing the
utility of information created, collected, maintained,
used, disseminated, and retained by or for the Federal
Government;
‘‘(7) provide for the dissemination of public in-
formation on a timely basis, on equitable terms, and
in a manner that promotes the utility of the informa-
tion to the public and makes effective use of informa-
tion technology;
HR 2461 EAS
‘‘(8) ensure that the creation, collection, mainte-
nance, use, dissemination, and disposition of infor-
mation by or for the Federal Government is consistent
with applicable laws, including laws relating to—
‘‘(A) privacy and confidentiality, including
section 552a of title 5;
‘‘(B) security of information, including the
Computer Security Act of 1987 (Public Law
100–235); and
‘‘(C) access to information, including sec-
tion 552 of title 5;
‘‘(9) ensure the integrity, quality, and utility of
the Federal statistical system;
‘‘(10) ensure that information technology is ac-
quired, used, and managed to improve performance of
agency missions, including the reduction of informa-
tion collection burdens on the public; and
‘‘(11) improve the responsibility and account-
ability of the Office of Management and Budget and
all other Federal agencies to Congress and to the pub-
lic for implementing the information collection review
process, information resources management, and re-
lated policies and guidelines established under this
chapter.
HR 2461 EAS
‘‘§ 3502. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘agency’ means any executive de-
partment, military department, Government corpora-
tion, Government controlled corporation, or other es-
tablishment in the executive branch of the Government
(including the Executive Office of the President), or
any independent regulatory agency, but does not in-
clude—
‘‘(A) the General Accounting Office;
‘‘(B) Federal Election Commission;
‘‘(C) the governments of the District of Co-
lumbia and of the territories and possessions of
the United States, and their various subdivi-
sions; or
‘‘(D) Government-owned contractor-operated
facilities, including laboratories engaged in na-
tional defense research and production activities;
‘‘(2) the term ‘burden’ means time, effort, or fi-
nancial resources expended by persons to generate,
maintain, or provide information to or for a Federal
agency, including the resources expended for—
‘‘(A) reviewing instructions;
‘‘(B) acquiring, installing, and utilizing
technology and systems;
HR 2461 EAS
‘‘(C) adjusting the existing ways to comply
with any previously applicable instructions and
requirements;
‘‘(D) searching data sources;
‘‘(E) completing and reviewing the collec-
tion of information; and
‘‘(F) transmitting, or otherwise disclosing
the information;
‘‘(3) the term ‘collection of information’ means
the obtaining, causing to be obtained, soliciting, or re-
quiring the disclosure to third parties or the public,
of facts or opinions by or for an agency, regardless
of form or format, calling for either—
‘‘(A) answers to identical questions posed to,
or identical reporting or recordkeeping require-
ments imposed on, ten or more persons, other
than agencies, instrumentalities, or employees of
the United States; or
‘‘(B) answers to questions posed to agencies,
instrumentalities, or employees of the United
States which are to be used for general statistical
purposes;
‘‘(4) the term ‘Director’ means the Director of the
Office of Management and Budget;
HR 2461 EAS
‘‘(5) the term ‘independent regulatory agency’
means the Board of Governors of the Federal Reserve
System, the Commodity Futures Trading Commis-
sion, the Consumer Product Safety Commission, the
Federal Communications Commission, the Federal
Deposit Insurance Corporation, the Federal Energy
Regulatory Commission, the Federal Housing Fi-
nance Board, the Federal Maritime Commission, the
Federal Trade Commission, the Interstate Commerce
Commission, the Mine Enforcement Safety and
Health Review Commission, the National Labor Rela-
tions Board, the Nuclear Regulatory Commission, the
Occupational Safety and Health Review Commission,
the Postal Rate Commission, the Securities and Ex-
change Commission, and any other similar agency
designated by statute as a Federal independent regu-
latory agency or commission;
‘‘(6) the term ‘information resources’ means in-
formation and related resources, such as personnel,
equipment, funds, and information technology;
‘‘(7) the term ‘information resources manage-
ment’ means the process of managing information re-
sources to accomplish agency missions and to improve
agency performance, including through the reduction
of information collection burdens on the public;
HR 2461 EAS
‘‘(B) statistical data classification;
‘‘(C) statistical information presentation
and dissemination;
‘‘(D) timely release of statistical data; and
‘‘(E) such statistical data sources as may be
required for the administration of Federal pro-
grams;
‘‘(4) evaluate statistical program performance
and agency compliance with Governmentwide poli-
cies, principles, standards and guidelines;
‘‘(5) promote the sharing of information collected
for statistical purposes consistent with privacy rights
and confidentiality pledges;
‘‘(6) coordinate the participation of the United
States in international statistical activities, including
the development of comparable statistics;
‘‘(7) appoint a chief statistician who is a trained
and experienced professional statistician to carry out
the functions described under this subsection;
‘‘(8) establish an Interagency Council on Statis-
tical Policy to advise and assist the Director in car-
rying out the functions under this subsection that
shall—
‘‘(A) be headed by the chief statistician; and
‘‘(B) consist of—
HR 2461 EAS
‘‘(i) the heads of the major statistical
programs; and
‘‘(ii) representatives of other statistical
agencies under rotating membership; and
‘‘(9) provide opportunities for training in statis-
tical policy functions to employees of the Federal Gov-
ernment under which—
‘‘(A) each trainee shall be selected at the
discretion of the Director based on agency re-
quests and shall serve under the chief statistician
for at least 6 months and not more than 1 year;
and
‘‘(B) all costs of the training shall be paid
by the agency requesting training.
‘‘(f) With respect to records management, the Director
shall—
‘‘(1) provide advice and assistance to the Archi-
vist of the United States and the Administrator of
General Services to promote coordination in the ad-
ministration of chapters 29, 31, and 33 of this title
with the information resources management policies,
principles, standards, and guidelines established
under this chapter;
‘‘(2) review compliance by agencies with—
HR 2461 EAS
‘‘(A) the requirements of chapters 29, 31,
and 33 of this title; and
‘‘(B) regulations promulgated by the Archi-
vist of the United States and the Administrator
of General Services; and
‘‘(3) oversee the application of records manage-
ment policies, principles, standards, and guidelines,
including requirements for archiving information
maintained in electronic format, in the planning and
design of information systems.
‘‘(g) With respect to privacy and security, the Director
shall—
‘‘(1) develop and oversee the implementation of
policies, principles, standards, and guidelines on pri-
vacy, confidentiality, security, disclosure and sharing
of information collected or maintained by or for agen-
cies;
‘‘(2) oversee and coordinate compliance with sec-
tions 552 and 552a of title 5, the Computer Security
Act of 1987 (40 U.S.C. 759 note), and related infor-
mation management laws; and
‘‘(3) require Federal agencies, consistent with the
Computer Security Act of 1987 (40 U.S.C. 759 note),
to identify and afford security protections commensu-
rate with the risk and magnitude of the harm result-
HR 2461 EAS
ing from the loss, misuse, or unauthorized access to
or modification of information collected or main-
tained by or on behalf of an agency.
‘‘(h) With respect to Federal information technology,
the Director shall—
‘‘(1) in consultation with the Director of the Na-
tional Institute of Standards and Technology and the
Administrator of General Services—
‘‘(A) develop and oversee the implementa-
tion of policies, principles, standards, and guide-
lines for information technology functions and
activities of the Federal Government, including
periodic evaluations of major information sys-
tems; and
‘‘(B) oversee the development and imple-
mentation of standards under section 111(d) of
the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 759(d));
‘‘(2) monitor the effectiveness of, and compliance
with, directives issued under sections 110 and 111 of
the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 757 and 759) and review proposed
determinations under section 111(e) of such Act;
‘‘(3) coordinate the development and review by
the Office of Information and Regulatory Affairs of
HR 2461 EAS
policy associated with Federal procurement and ac-
quisition of information technology with the Office of
Federal Procurement Policy;
‘‘(4) ensure, through the review of agency budget
proposals, information resources management plans
and other means—
‘‘(A) agency integration of information re-
sources management plans, program plans and
budgets for acquisition and use of information
technology; and
‘‘(B) the efficiency and effectiveness of inter-
agency information technology initiatives to im-
prove agency performance and the accomplish-
ment of agency missions; and
‘‘(5) promote the use of information technology
by the Federal Government to improve the productiv-
ity, efficiency, and effectiveness of Federal programs,
including through dissemination of public informa-
tion and the reduction of information collection bur-
dens on the public.
‘‘§ 3505. Assignment of tasks and deadlines
‘‘In carrying out the functions under this chapter, the
Director shall—
‘‘(1) in consultation with agency heads, set an
annual Governmentwide goal for the reduction of in-
HR 2461 EAS
formation collection burdens by at least five percent,
and set annual agency goals to—
‘‘(A) reduce information collection burdens
imposed on the public that—
‘‘(i) represent the maximum prac-
ticable opportunity in each agency; and
‘‘(ii) are consistent with improving
agency management of the process for the
review of collections of information estab-
lished under section 3506(c); and
‘‘(B) improve information resources man-
agement in ways that increase the productivity,
efficiency and effectiveness of Federal programs,
including service delivery to the public;
‘‘(2) with selected agencies and non-Federal enti-
ties on a voluntary basis, conduct pilot projects to test
alternative policies, practices, regulations, and proce-
dures to fulfill the purposes of this chapter, particu-
larly with regard to minimizing the Federal informa-
tion collection burden;
‘‘(3) in consultation with the Administrator of
General Services, the Director of the National Insti-
tute of Standards and Technology, the Archivist of the
United States, and the Director of the Office of Per-
sonnel Management, develop and maintain a Govern-
HR 2461 EAS
mentwide strategic plan for information resources
management, that shall include—
‘‘(A) a description of the objectives and the
means by which the Federal Government shall
apply information resources to improve agency
and program performance;
‘‘(B) plans for—
‘‘(i) reducing information burdens on
the public, including reducing such burdens
through the elimination of duplication and
meeting shared data needs with shared re-
sources;
‘‘(ii) enhancing public access to and
dissemination of, information, using elec-
tronic and other formats; and
‘‘(iii) meeting the information tech-
nology needs of the Federal Government in
accordance with the requirements of sections
110 and 111 of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 757 and 759), and the purposes of
this chapter; and
‘‘(C) a description of progress in applying
information resources management to improve
HR 2461 EAS
agency performance and the accomplishment of
missions; and
‘‘(4) in cooperation with the Administrator of
General Services, issue guidelines for the establish-
ment and operation in each agency of a process, as
required under section 3506(h)(5) of this chapter, to
review major information systems initiatives, includ-
ing acquisition and use of information technology.
‘‘§ 3506. Federal agency responsibilities
‘‘(a)(1) The head of each agency shall be responsible
for—
‘‘(A) carrying out the agency’s information re-
sources management activities to improve agency pro-
ductivity, efficiency, and effectiveness; and
‘‘(B) complying with the requirements of this
chapter and related policies established by the Direc-
tor.
‘‘(2)(A) Except as provided under subparagraph (B),
the head of each agency shall designate a senior official who
shall report directly to such agency head to carry out the
responsibilities of the agency under this chapter.
‘‘(B) The Secretary of the Department of Defense and
the Secretary of each military department may each des-
ignate a senior official who shall report directly to such
Secretary to carry out the responsibilities of the department
HR 2461 EAS
under this chapter. If more than one official is designated
for the military departments, the respective duties of the
officials shall be clearly delineated.
‘‘(3) The senior official designated under paragraph
(2) shall head an office responsible for ensuring agency com-
pliance with and prompt, efficient, and effective implemen-
tation of the information policies and information resources
management responsibilities established under this chapter,
including the reduction of information collection burdens
on the public. The senior official and employees of such of-
fice shall be selected with special attention to the profes-
sional qualifications required to administer the functions
described under this chapter.
‘‘(4) Each agency program official shall be responsible
and accountable for information resources assigned to and
supporting the programs under such official. In consulta-
tion with the senior official designated under paragraph (2)
and the agency Chief Financial Officer (or comparable offi-
cial), each agency program official shall define program in-
formation needs and develop strategies, systems, and capa-
bilities to meet those needs.
‘‘(5) The head of each agency shall establish a perma-
nent information resources management steering committee,
which shall be chaired by the senior official designated
under paragraph (2) and shall include senior program offi-
HR 2461 EAS
cials and the Chief Financial Officer (or comparable offi-
cial). Each steering committee shall—
‘‘(A) assist and advise the head of the agency in
carrying out information resources management re-
sponsibilities of the agency;
‘‘(B) assist and advise the senior official des-
ignated under paragraph (2) in the establishment of
performance measures for information resources man-
agement that relate to program missions;
‘‘(C) select, control, and evaluate all major infor-
mation system initiatives (including acquisitions of
information technology) in accordance with the re-
quirements of subsection (h)(5); and
‘‘(D) identify opportunities to redesign business
practices and supporting information systems to im-
prove agency performance.
‘‘(b) With respect to general information resources
management, each agency shall—
‘‘(1) develop information systems, processes, and
procedures to—
‘‘(A) reduce information collection burdens
on the public;
‘‘(B) increase program efficiency and effec-
tiveness; and
HR 2461 EAS
‘‘(C) improve the integrity, quality, and
utility of information to all users within and
outside the agency, including capabilities for en-
suring dissemination of public information, pub-
lic access to government information, and protec-
tions for privacy and security;
‘‘(2) in accordance with guidance by the Direc-
tor, develop and maintain a strategic information re-
sources management plan that shall describe how in-
formation resources management activities help ac-
complish agency missions;
‘‘(3) develop and maintain an ongoing process
to—
‘‘(A) ensure that information resources
management operations and decisions are inte-
grated with organizational planning, budget, fi-
nancial management, human resources manage-
ment, and program decisions;
‘‘(B) develop and maintain an integrated,
comprehensive and controlled process of informa-
tion systems selection, development, and evalua-
tion;
‘‘(C) in cooperation with the agency Chief
Financial Officer (or comparable official), de-
velop a full and accurate accounting of informa-
HR 2461 EAS
tion technology expenditures, related expenses,
and results; and
‘‘(D) establish goals for improving informa-
tion resources management’s contribution to pro-
gram productivity, efficiency, and effectiveness,
methods for measuring progress towards those
goals, and clear roles and responsibilities for
achieving those goals;
‘‘(4) in consultation with the Director, the Ad-
ministrator of General Services, and the Archivist of
the United States, maintain a current and complete
inventory of the agency’s information resources, in-
cluding directories necessary to fulfill the require-
ments of section 3511 of this chapter; and
‘‘(5) in consultation with the Director and the
Director of the Office of Personnel Management, con-
duct formal training programs to educate agency pro-
gram and management officials about information re-
sources management.
‘‘(c) With respect to the collection of information and
the control of paperwork, each agency shall—
‘‘(1) establish a process within the office headed
by the official designated under subsection (a), that is
sufficiently independent of program responsibility to
HR 2461 EAS
evaluate fairly whether proposed collections of infor-
mation should be approved under this chapter, to—
‘‘(A) review each collection of information
before submission to the Director for review
under this chapter, including—
‘‘(i) an evaluation of the need for the
collection of information;
‘‘(ii) a functional description of the in-
formation to be collected;
‘‘(iii) a plan for the collection of the
information;
‘‘(iv) a specific, objectively supported
estimate of burden;
‘‘(v) a test of the collection of informa-
tion through a pilot program, if appro-
priate; and
‘‘(vi) a plan for the efficient and effec-
tive management and use of the information
to be collected, including necessary re-
sources;
‘‘(B) ensure that each information collec-
tion—
‘‘(i) is inventoried, displays a control
number and, if appropriate, an expiration
date;
HR 2461 EAS
‘‘(ii) indicates the collection is in ac-
cordance with the clearance requirements of
section 3507; and
‘‘(iii) contains a statement to inform
the person receiving the collection of infor-
mation—
‘‘(I) the reasons the information is
being collected;
‘‘(II) the way such information is
to be used;
‘‘(III) an estimate, to the extent
practicable, of the burden of the collec-
tion; and
‘‘(IV) whether responses to the col-
lection of information are voluntary,
required to obtain a benefit, or manda-
tory; and
‘‘(C) assess the information collection bur-
den of proposed legislation affecting the agency;
‘‘(2)(A) except as provided under subparagraph
(B), provide 60-day notice in the Federal Register,
and otherwise consult with members of the public and
affected agencies concerning each proposed collection
of information, to solicit comment to—
HR 2461 EAS
‘‘(i) evaluate whether the proposed collection
of information is necessary for the proper per-
formance of the functions of the agency, includ-
ing whether the information shall have practical
utility;
‘‘(ii) evaluate the accuracy of the agency’s
estimate of the burden of the proposed collection
of information;
‘‘(iii) enhance the quality, utility, and clar-
ity of the information to be collected; and
‘‘(iv) minimize the burden of the collection
of information on those who are to respond, in-
cluding through the use of automated collection
techniques or other forms of information tech-
nology; and
‘‘(B) for any proposed collection of information
contained in a proposed rule (to be reviewed by the
Director under section 3507(d)), provide notice and
comment through the notice of proposed rulemaking
for the proposed rule and such notice shall have the
same purposes specified under subparagraph (A) (i)
through (iv); and
‘‘(3) certify (and provide a record supporting
such certification, including public comments received
by the agency) that each collection of information
HR 2461 EAS
submitted to the Director for review under section
3507—
‘‘(A) is necessary for the proper perform-
ance of the functions of the agency, including
that the information has practical utility;
‘‘(B) is not unnecessarily duplicative of in-
formation otherwise reasonably accessible to the
agency;
‘‘(C) reduces to the extent practicable and
appropriate the burden on persons who shall
provide information to or for the agency, includ-
ing with respect to small entities, as defined
under section 601(6) of title 5, the use of such
techniques as—
‘‘(i) establishing differing compliance
or reporting requirements or timetables that
take into account the resources available to
those who are to respond;
‘‘(ii) the clarification, consolidation, or
simplification of compliance and reporting
requirements; or
‘‘(iii) an exemption from coverage of
the collection of information, or any part
thereof;
HR 2461 EAS
‘‘(D) is written using plain, coherent, and
unambiguous terminology and is understandable
to those who are to respond;
‘‘(E) is to be implemented in ways consist-
ent and compatible, to the maximum extent
practicable, with the existing reporting and rec-
ordkeeping practices of those who are to respond;
‘‘(F) contains the statement required under
paragraph (1)(B)(iii);
‘‘(G) has been developed by an office that
has planned and allocated resources for the effi-
cient and effective management and use of the
information to be collected, including the process-
ing of the information in a manner which shall
enhance, where appropriate, the utility of the in-
formation to agencies and the public;
‘‘(H) uses effective and efficient statistical
survey methodology appropriate to the purpose
for which the information is to be collected; and
‘‘(I) to the maximum extent practicable,
uses information technology to reduce burden
and improve data quality, agency efficiency and
responsiveness to the public.
‘‘(d) With respect to information dissemination, each
agency shall—
HR 2461 EAS
‘‘(1) ensure that the public has timely and equi-
table access to the agency’s public information, in-
cluding ensuring such access through—
‘‘(A) encouraging a diversity of public and
private sources for information based on govern-
ment public information, and
‘‘(B) agency dissemination of public infor-
mation in an efficient, effective, and economical
manner;
‘‘(2) regularly solicit and consider public input
on the agency’s information dissemination activities;
and
‘‘(3) not, except where specifically authorized by
statute—
‘‘(A) establish an exclusive, restricted, or
other distribution arrangement that interferes
with timely and equitable availability of public
information to the public;
‘‘(B) restrict or regulate the use, resale, or
redissemination of public information by the
public;
‘‘(C) charge fees or royalties for resale or
redissemination of public information; or
‘‘(D) establish user fees for public informa-
tion that exceed the cost of dissemination.
HR 2461 EAS
‘‘(e) With respect to statistical policy and coordina-
tion, each agency shall—
‘‘(1) ensure the relevance, accuracy, timeliness,
integrity, and objectivity of information collected or
created for statistical purposes;
‘‘(2) inform respondents fully and accurately
about the sponsors, purposes, and uses of statistical
surveys and studies;
‘‘(3) protect respondents’ privacy and ensure
that disclosure policies fully honor pledges of con-
fidentiality;
‘‘(4) observe Federal standards and practices for
data collection, analysis, documentation, sharing, and
dissemination of information;
‘‘(5) ensure the timely publication of the results
of statistical surveys and studies, including informa-
tion about the quality and limitations of the surveys
and studies; and
‘‘(6) make data available to statistical agencies
and readily accessible to the public.
‘‘(f) With respect to records management, each agency
shall implement and enforce applicable policies and proce-
dures, including requirements for archiving information
maintained in electronic format, particularly in the plan-
ning, design and operation of information systems.
HR 2461 EAS
‘‘(g) With respect to privacy and security, each agency
shall—
‘‘(1) implement and enforce applicable policies,
procedures, standards, and guidelines on privacy,
confidentiality, security, disclosure and sharing of in-
formation collected or maintained by or for the agen-
cy;
‘‘(2) assume responsibility and accountability for
compliance with and coordinated management of sec-
tions 552 and 552a of title 5, the Computer Security
Act of 1987 (40 U.S.C. 759 note), and related infor-
mation management laws; and
‘‘(3) consistent with the Computer Security Act
of 1987 (40 U.S.C. 759 note), identify and afford se-
curity protections commensurate with the risk and
magnitude of the harm resulting from the loss, mis-
use, or unauthorized access to or modification of in-
formation collected or maintained by or on behalf of
an agency.
‘‘(h) With respect to Federal information technology,
each agency shall—
‘‘(1) implement and enforce applicable Govern-
mentwide and agency information technology man-
agement policies, principles, standards, and guide-
lines;
HR 2461 EAS
‘‘(2) assume responsibility and accountability for
any acquisitions made pursuant to a delegation of
authority under section 111 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
759);
‘‘(3) promote the use of information technology
by the agency to improve the productivity, efficiency,
and effectiveness of agency programs, including the
reduction of information collection burdens on the
public and improved dissemination of public infor-
mation;
‘‘(4) propose changes in legislation, regulations,
and agency procedures to improve information tech-
nology practices, including changes that improve the
ability of the agency to use technology to reduce bur-
den; and
‘‘(5) establish, and be responsible for, a major in-
formation system initiative review process, which
shall be developed and implemented by the informa-
tion resources management steering committee estab-
lished under subsection (a)(5), consistent with guide-
lines issued under section 3505(4), and include—
‘‘(A) the review of major information sys-
tem initiative proposals and projects (including
acquisitions of information technology), approval
HR 2461 EAS
or disapproval of each such initiative, and peri-
odic reviews of the development and implementa-
tion of such initiatives, including whether the
projected benefits have been achieved;
‘‘(B) the use by the committee of specified
evaluative techniques and criteria to—
‘‘(i) assess the economy, efficiency, ef-
fectiveness, risks, and priority of system ini-
tiatives in relation to mission needs and
strategies;
‘‘(ii) estimate and verify life-cycle sys-
tem initiative costs; and
‘‘(iii) assess system initiative privacy,
security, records management, and dissemi-
nation and access capabilities;
‘‘(C) the use, as appropriate, of independent
cost evaluations of data developed under sub-
paragraph (B); and
‘‘(D) the inclusion of relevant information
about approved initiatives in the agency’s an-
nual budget request.
HR 2461 EAS
‘‘§ 3507. Public information collection activities; sub-
mission to Director; approval and delega-
tion
‘‘(a) An agency shall not conduct or sponsor the collec-
tion of information unless in advance of the adoption or
revision of the collection of information—
‘‘(1) the agency has—
‘‘(A) conducted the review established under
section 3506(c)(1);
‘‘(B) evaluated the public comments received
under section 3506(c)(2);
‘‘(C) submitted to the Director the certifi-
cation required under section 3506(c)(3), the
proposed collection of information, copies of per-
tinent statutory authority, regulations, and other
related materials as the Director may specify;
and
‘‘(D) published a notice in the Federal Reg-
ister—
‘‘(i) stating that the agency has made
such submission; and
‘‘(ii) setting forth—
‘‘(I) a title for the collection of in-
formation;
‘‘(II) a summary of the collection
of information;
HR 2461 EAS
‘‘(III) a brief description of the
need for the information and the pro-
posed use of the information;
‘‘(IV) a description of the likely
respondents and proposed frequency of
response to the collection of informa-
tion;
‘‘(V) an estimate of the burden
that shall result from the collection of
information; and
‘‘(VI) notice that comments may
be submitted to the agency and Direc-
tor;
‘‘(2) the Director has approved the proposed col-
lection of information or approval has been inferred,
under the provisions of this section; and
‘‘(3) the agency has obtained from the Director
a control number to be displayed upon the collection
of information.
‘‘(b) The Director shall provide at least 30 days for
public comment prior to making a decision under sub-
section (c), (d), or (h), except as provided under subsection
(j).
‘‘(c)(1) For any proposed collection of information not
contained in a proposed rule, the Director shall notify the
HR 2461 EAS
agency involved of the decision to approve or disapprove
the proposed collection of information.
‘‘(2) The Director shall provide the notification under
paragraph (1), within 60 days after receipt or publication
of the notice under subsection (a)(1)(D), whichever is later.
‘‘(3) If the Director does not notify the agency of a
denial or approval within the 60-day period described
under paragraph (2)—
‘‘(A) the approval may be inferred;
‘‘(B) a control number shall be assigned without
further delay; and
‘‘(C) the agency may collect the information for
not more than 2 years.
‘‘(d)(1) For any proposed collection of information
contained in a proposed rule—
‘‘(A) as soon as practicable, but no later than the
date of publication of a notice of proposed rulemaking
in the Federal Register, each agency shall forward to
the Director a copy of any proposed rule which con-
tains a collection of information and any information
requested by the Director necessary to make the deter-
mination required under this subsection; and
‘‘(B) within 60 days after the notice of proposed
rulemaking is published in the Federal Register, the
Director may file public comments pursuant to the
HR 2461 EAS
standards set forth in section 3508 on the collection
of information contained in the proposed rule;
‘‘(2) When a final rule is published in the Federal Reg-
ister, the agency shall explain—
‘‘(A) how any collection of information contained
in the final rule responds to the comments, if any,
filed by the Director or the public; or
‘‘(B) the reasons such comments were rejected.
‘‘(3) If the Director has received notice and failed to
comment on an agency rule within 60 days after the notice
of proposed rulemaking, the Director may not disapprove
any collection of information specifically contained in an
agency rule.
‘‘(4) No provision in this section shall be construed to
prevent the Director, in the Director’s discretion—
‘‘(A) from disapproving any collection of infor-
mation which was not specifically required by an
agency rule;
‘‘(B) from disapproving any collection of infor-
mation contained in an agency rule, if the agency
failed to comply with the requirements of paragraph
(1) of this subsection;
‘‘(C) from disapproving any collection of infor-
mation contained in a final agency rule, if the Direc-
tor finds within 60 days after the publication of the
HR 2461 EAS
final rule that the agency’s response to the Director’s
comments filed under paragraph (2) of this subsection
was unreasonable; or
‘‘(D) from disapproving any collection of infor-
mation contained in a final rule, if—
‘‘(i) the Director determines that the agency
has substantially modified in the final rule the
collection of information contained in the pro-
posed rule; and
‘‘(ii) the agency has not given the Director
the information required under paragraph (1)
with respect to the modified collection of infor-
mation, at least 60 days before the issuance of
the final rule.
‘‘(5) This subsection shall apply only when an agency
publishes a notice of proposed rulemaking and requests pub-
lic comments.
‘‘(6) The decision by the Director to approve or not
act upon a collection of information contained in an agency
rule shall not be subject to judicial review.
‘‘(e)(1) Any decision by the Director under subsection
(c), (d), (h), or (j) to disapprove a collection of information,
or to instruct the agency to make substantive or material
change to a collection of information, shall be publicly
HR 2461 EAS
available and include an explanation of the reasons for such
decision.
‘‘(2) Any written communication between the Office of
the Director, the Administrator of the Office of Information
and Regulatory Affairs, or any employee of the Office of
Information and Regulatory Affairs and an agency or per-
son not employed by the Federal Government concerning
a proposed collection of information shall be made available
to the public.
‘‘(3) This subsection shall not require the disclosure
of—
‘‘(A) any information which is protected at all
times by procedures established for information which
has been specifically authorized under criteria estab-
lished by an Executive order or an Act of Congress
to be kept secret in the interest of national defense or
foreign policy; or
‘‘(B) any communication relating to a collection
of information which has not been approved under
this chapter, the disclosure of which could lead to re-
taliation or discrimination against the communica-
tor.
‘‘(f)(1) An independent regulatory agency which is ad-
ministered by 2 or more members of a commission, board,
or similar body, may by majority vote void—
HR 2461 EAS
‘‘(A) any disapproval by the Director, in whole
or in part, of a proposed collection of information of
an independent regulatory agency; or
‘‘(B) an exercise of authority under subsection
(d) of section 3507 concerning such an agency.
‘‘(2) The agency shall certify each vote to void such
disapproval or exercise to the Director, and explain the rea-
sons for such vote. The Director shall without further delay
assign a control number to such collection of information,
and such vote to void the disapproval or exercise shall be
valid for a period of 3 years.
‘‘(g) The Director may not approve a collection of in-
formation for a period in excess of 3 years.
‘‘(h)(1) If an agency decides to seek extension of the
Director’s approval granted for a currently approved collec-
tion of information, the agency shall—
‘‘(A) conduct the review established under section
3506(c), including the seeking of comment from the
public on the continued need for, and burden imposed
by the collection of information; and
‘‘(B) after having made a reasonable effort to
seek public comment, but no later than 60 days before
the expiration date of the control number assigned by
the Director for the currently approved collection of
information, submit the collection of information for
HR 2461 EAS
review and approval under this section, which shall
include an explanation of how the agency has used
the information that it has collected.
‘‘(2) If under the provisions of this section, the Director
disapproves a collection of information contained in an ex-
isting rule, or recommends or instructs the agency to make
a substantive or material change to a collection of informa-
tion contained in an existing rule, the Director shall—
‘‘(A) publish an explanation thereof in the Fed-
eral Register; and
‘‘(B) instruct the agency to undertake a rule-
making within a reasonable time limited to consider-
ation of changes to the collection of information con-
tained in the rule and thereafter to submit the collec-
tion of information for approval or disapproval under
this chapter.
‘‘(3) An agency may not make a substantive or mate-
rial modification to a collection of information after such
collection has been approved by the Director, unless the
modification has been submitted to the Director for review
and approval under this chapter.
‘‘(i)(1) If the Director finds that a senior official of
an agency designated under section 3506(a) is sufficiently
independent of program responsibility to evaluate fairly
whether proposed collections of information should be ap-
HR 2461 EAS
proved and has sufficient resources to carry out this respon-
sibility effectively, the Director may, by rule in accordance
with the notice and comment provisions of chapter 5 of title
5, United States Code, delegate to such official the authority
to approve proposed collections of information in specific
program areas, for specific purposes, or for all agency pur-
poses.
‘‘(2) A delegation by the Director under this section
shall not preclude the Director from reviewing individual
collections of information if the Director determines that
circumstances warrant such a review. The Director shall
retain authority to revoke such delegations, both in general
and with regard to any specific matter. In acting for the
Director, any official to whom approval authority has been
delegated under this section shall comply fully with the
rules and regulations promulgated by the Director.
‘‘(j)(1) The agency head may request the Director to
authorize collection of information prior to expiration of
time periods established under this chapter, if an agency
head determines that—
‘‘(A) a collection of information—
‘‘(i) is needed prior to the expiration of
such time periods; and
‘‘(ii) is essential to the mission of the agen-
cy; and
HR 2461 EAS
‘‘(B) the agency cannot reasonably comply with
the provisions of this chapter within such time peri-
ods because—
‘‘(i) public harm is reasonably likely to re-
sult if normal clearance procedures are followed;
or
‘‘(ii) an unanticipated event has occurred
and the use of normal clearance procedures is
reasonably likely to prevent or disrupt the collec-
tion of information related to the event or is rea-
sonably likely to cause a statutory or court-or-
dered deadline to be missed.
‘‘(2) The Director shall approve or disapprove any
such authorization request within the time requested by the
agency head and, if approved, shall assign the collection
of information a control number. Any collection of informa-
tion conducted under this subsection may be conducted
without compliance with the provisions of this chapter for
a maximum of 90 days after the date on which the Director
received the request to authorize such collection.
‘‘§ 3508. Determination of necessity for information;
hearing
‘‘Before approving a proposed collection of informa-
tion, the Director shall determine whether the collection of
information by the agency is necessary for the proper per-
HR 2461 EAS
formance of the functions of the agency, including whether
the information shall have practical utility. Before making
a determination the Director may give the agency and other
interested persons an opportunity to be heard or to submit
statements in writing. To the extent that the Director deter-
mines that the collection of information by an agency is
unnecessary for the proper performance of the functions of
the agency, for any reason, the agency may not engage in
the collection of information.
‘‘§ 3509. Designation of central collection agency
‘‘The Director may designate a central collection agen-
cy to obtain information for two or more agencies if the
Director determines that the needs of such agencies for in-
formation will be adequately served by a single collection
agency, and such sharing of data is not inconsistent with
applicable law. In such cases the Director shall prescribe
(with reference to the collection of information) the duties
and functions of the collection agency so designated and of
the agencies for which it is to act as agent (including reim-
bursement for costs). While the designation is in effect, an
agency covered by the designation may not obtain for itself
information for the agency which is the duty of the collec-
tion agency to obtain. The Director may modify the des-
ignation from time to time as circumstances require. The
HR 2461 EAS
authority to designate under this section is subject to the
provisions of section 3507(f) of this chapter.
‘‘§ 3510. Cooperation of agencies in making informa-
tion available
‘‘(a) The Director may direct an agency to make avail-
able to another agency, or an agency may make available
to another agency, information obtained by a collection of
information if the disclosure is not inconsistent with appli-
cable law.
‘‘(b)(1) If information obtained by an agency is re-
leased by that agency to another agency, all the provisions
of law (including penalties which relate to the unlawful dis-
closure of information) apply to the officers and employees
of the agency to which information is released to the same
extent and in the same manner as the provisions apply to
the officers and employees of the agency which originally
obtained the information.
‘‘(2) The officers and employees of the agency to which
the information is released, in addition, shall be subject to
the same provisions of law, including penalties, relating to
the unlawful disclosure of information as if the information
had been collected directly by that agency.
HR 2461 EAS
‘‘§ 3511. Establishment and operation of Government
Information Locator Service
‘‘In order to assist agencies and the public in locating
information and to promote information sharing and equi-
table access by the public, the Director shall—
‘‘(1) cause to be established and maintained a
distributed agency-based electronic Government Infor-
mation Locator Service (hereafter in this section re-
ferred to as the ‘Service’), which shall identify the
major information systems, holdings, and dissemina-
tion products of each agency;
‘‘(2) require each agency to establish and main-
tain an agency information locator service as a com-
ponent of, and to support the establishment and oper-
ation of the Service;
‘‘(3) in cooperation with the Archivist of the
United States, the Administrator of General Services,
the Public Printer, and the Librarian of Congress, es-
tablish an interagency committee to advise the Sec-
retary of Commerce on the development of technical
standards for the Service to ensure compatibility, pro-
mote information sharing, and uniform access by the
public;
‘‘(4) consider public access and other user needs
in the establishment and operation of the Service;
HR 2461 EAS
‘‘(5) ensure the security and integrity of the
Service, including measures to ensure that only infor-
mation which is intended to be disclosed to the public
is disclosed through the Service; and
‘‘(6) periodically review the development and ef-
fectiveness of the Service and make recommendations
for improvement, including other mechanisms for im-
proving public access to Federal agency public infor-
mation.
‘‘§ 3512. Public protection
‘‘Notwithstanding any other provision of law, no per-
son shall be subject to any penalty for failing to maintain,
provide, or disclose information to or for any agency or
person if the applicable collection of information—
‘‘(1) was made after December 31, 1981; and
‘‘(2)(A) does not display a valid control number
assigned by the Director; or
‘‘(B) fails to state that such collection is not sub-
ject to this chapter.
‘‘§ 3513. Director review of agency activities; report-
ing; agency response
‘‘(a) In consultation with the Administrator of General
Services, the Archivist of the United States, the Director
of the National Institute of Standards and Technology, and
the Director of the Office of Personnel Management, the Di-
HR 2461 EAS
rector shall periodically review selected agency information
resources management activities to ascertain the efficiency
and effectiveness of such activities to improve agency per-
formance and the accomplishment of agency missions.
‘‘(b) Each agency having an activity reviewed under
subsection (a) shall, within 60 days after receipt of a report
on the review, provide a written plan to the Director de-
scribing steps (including milestones) to—
‘‘(1) be taken to address information resources
management problems identified in the report; and
‘‘(2) improve agency performance and the accom-
plishment of agency missions.
‘‘§ 3514. Responsiveness to Congress
‘‘(a)(1) The Director shall—
‘‘(A) keep the Congress and congressional com-
mittees fully and currently informed of the major ac-
tivities under this chapter; and
‘‘(B) submit a report on such activities to the
President of the Senate and the Speaker of the House
of Representatives annually and at such other times
as the Director determines necessary.
‘‘(2) The Director shall include in any such report a
description of the extent to which agencies have—
‘‘(A) reduced information collection burdens on
the public, including—