‘‘(C) assess the information collection bur-
den of proposed legislation affecting the agency;
‘‘(2)(A) except for good cause or as provided
under subparagraph (B), provide 60-day notice in
the Federal Register, and otherwise consult with
members of the public and affected agencies con-
cerning each proposed collection of information, to
solicit comment to—
‘‘(i) evaluate whether the proposed collec-
tion of information is necessary for the proper
performance of the functions of the agency, in-
cluding whether the information shall have
practical utility;
‘‘(ii) evaluate the accuracy of the agency’s
estimate of the burden of the proposed collec-
tion 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);
‘‘(3) certify (and provide a record supporting
such certification, including public comments re-
ceived by the agency) that each collection of infor-
mation 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, in-
cluding 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 avail-
able 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;
‘‘(D) is written using plain, coherent, and
unambiguous terminology and is understand-
able 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 re-
spond;
‘‘(F) indicates for each recordkeeping re-
quirement the length of time persons are re-
quired to maintain the records specified;
‘‘(G) contains the statement required
under paragraph (1)(B)(iii);
‘‘(H) 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 proc-
essing of the information in a manner which
shall enhance, where appropriate, the utility of
the information to agencies and the public;
‘‘(I) uses effective and efficient statistical
survey methodology appropriate to the purpose
for which the information is to be collected; and
‘‘(J) to the maximum extent practicable,
uses information technology to reduce burden
and improve data quality, agency efficiency and
responsiveness to the public; and
‘‘(4) place an emphasis on minimizing the bur-
den on small businesses with 50 or fewer employees.
‘‘(d) With respect to information dissemination, each
agency shall—
‘‘(1) ensure that the public has timely, equal,
and equitable access to the agency’s public informa-
tion, including ensuring such access through—
‘‘(A) encouraging a diversity of public and
private sources for information based on gov-
ernment public information,
‘‘(B) in cases in which the agency provides
public information maintained in electronic for-
mat, providing timely, equal, and equitable ac-
cess to the underlying data (in whole or in
part); and
‘‘(C) 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;
‘‘(3) provide adequate notice when initiating,
substantially modifying, or terminating significant
information dissemination products; and
‘‘(4) 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, ex-
cept that the Director may waive the applica-
tion of this subparagraph to an agency, if—
‘‘(i) the head of the agency submits a
written request to the Director, publishes a