[104th Congress Public Law 13]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ13.104]
[[Page 109 STAT. 163]]
Public Law 104-13
104th Congress
An Act
To further the goals of the Paperwork Reduction Act to have Federal
agencies become more responsible and publicly accountable for reducing
the burden of Federal paperwork on the public, and for other
purposes. <<NOTE: May 22, 1995 - [S. 244]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Paperwork Reduction Act of
1995. Information resources management.>> assembled,
SECTION 1. <<NOTE: 44 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Paperwork Reduction Act of 1995''.
SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is amended to read as
follows:
``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.
``Sec. 3501. Purposes
``The purposes of this chapter are to--
``(1) minimize the paperwork burden for individuals, small
businesses, educational and nonprofit institutions, Federal
contractors, State, local and tribal governments, and other
persons resulting from the collection of information by or for
the Federal Government;
``(2) ensure the greatest possible public benefit from and
maximize the utility of information created, collected, main
[[Page 109 STAT. 164]]
tained, used, shared and disseminated by or for the Federal
Government;
``(3) coordinate, integrate, and to the extent practicable
and appropriate, make uniform Federal information resources
management policies and practices as a means to improve the
productivity, efficiency, and effectiveness of Government
programs, including the reduction of information collection
burdens on the public and the improvement of service delivery to
the public;
``(4) improve the quality and use of Federal information to
strengthen decisionmaking, accountability, and openness in
Government and society;
``(5) minimize the cost to the Federal Government of the
creation, collection, maintenance, use, dissemination, and
disposition of information;
``(6) strengthen the partnership between the Federal
Government and State, local, and tribal governments 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 information on
a timely basis, on equitable terms, and in a manner that
promotes the utility of the information to the public and makes
effective use of information technology;
``(8) ensure that the creation, collection, maintenance,
use, dissemination, and disposition of information 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 section 552
of title 5;
``(9) ensure the integrity, quality, and utility of the
Federal statistical system;
``(10) ensure that information technology is acquired, used,
and managed to improve performance of agency missions, including
the reduction of information collection burdens on the public;
and
``(11) improve the responsibility and accountability of the
Office of Management and Budget and all other Federal agencies
to Congress and to the public for implementing the information
collection review process, information resources management, and
related policies and guidelines established under this chapter.
``Sec. 3502. Definitions
``As used in this chapter--
``(1) the term `agency' means any executive department,
military department, Government corporation, Government
controlled corporation, or other establishment in the executive
branch of the Government (including the Executive Office of the
President), or any independent regulatory agency, but does not
include--
``(A) the General Accounting Office;
``(B) Federal Election Commission;
[[Page 109 STAT. 165]]
``(C) the governments of the District of Columbia
and of the territories and possessions of the United
States, and their various subdivisions; or
``(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities;
``(2) the term `burden' means time, effort, or financial
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;
``(C) adjusting the existing ways to comply with any
previously applicable instructions and requirements;
``(D) searching data sources;
``(E) completing and reviewing the collection of
information; and
``(F) transmitting, or otherwise disclosing the
information;
``(3) the term `collection of information'--
``(A) means the obtaining, causing to be obtained,
soliciting, or requiring 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--
``(i) answers to identical questions posed to,
or identical reporting or recordkeeping
requirements imposed on, ten or more persons,
other than agencies, instrumentalities, or
employees of the United States; or
``(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United
States which are to be used for general
statistical purposes; and
``(B) shall not include a collection of information
described under section 3518(c)(1);
``(4) the term `Director' means the Director of the Office
of Management and Budget;
``(5) the term `independent regulatory agency' means the
Board of Governors of the Federal Reserve System, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Federal Communications Commission, the Federal
Deposit Insurance Corporation, the Federal Energy Regulatory
Commission, the Federal Housing Finance Board, the Federal
Maritime Commission, the Federal Trade Commission, the
Interstate Commerce Commission, the Mine Enforcement Safety and
Health Review Commission, the National Labor Relations Board,
the Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Postal Rate Commission, the
Securities and Exchange Commission, and any other similar agency
designated by statute as a Federal independent regulatory agency
or commission;
``(6) the term `information resources' means information and
related resources, such as personnel, equipment, funds, and
information technology;
[[Page 109 STAT. 166]]
``(7) the term `information resources management' means the
process of managing information resources to accomplish agency
missions and to improve agency performance, including through
the reduction of information collection burdens on the public;
``(8) the term `information system' means a discrete set of
information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of
information;
``(9) the term `information technology' has the same meaning
as the term `automatic data processing equipment' as defined by
section 111(a) (2) and (3)(C) (i) through (v) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(a) (2) and (3)(C) (i) through (v));
``(10) the term `person' means an individual, partnership,
association, corporation, business trust, or legal
representative, an organized group of individuals, a State,
territorial, tribal, or local government or branch thereof, or a
political subdivision of a State, territory, tribal, or local
government or a branch of a political subdivision;
``(11) the term `practical utility' means the ability of an
agency to use information, particularly the capability to
process such information in a timely and useful fashion;
``(12) the term `public information' means any information,
regardless of form or format, that an agency discloses,
disseminates, or makes available to the public;
``(13) the term `recordkeeping requirement' means a
requirement imposed by or for an agency on persons to maintain
specified records, including a requirement to--
``(A) retain such records;
``(B) notify third parties, the Federal Government,
or the public of the existence of such records;
``(C) disclose such records to third parties, the
Federal Government, or the public; or
``(D) report to third parties, the Federal
Government, or the public regarding such records; and
``(14) the term `penalty' includes the imposition by an
agency or court of a fine or other punishment; a judgment for
monetary damages or equitable relief; or the revocation,
suspension, reduction, or denial of a license, privilege, right,
grant, or benefit.
``Sec. 3503. <<NOTE: Establishment.>> Office of Information and
Regulatory Affairs
``(a) There is established in the Office of Management and Budget an
office to be known as the Office of Information and Regulatory Affairs.
``(b) There shall be at the head of the Office an Administrator who
shall be appointed by the President, by and with the advice and consent
of the Senate. The Director shall delegate to the Administrator the
authority to administer all functions under this chapter, except that
any such delegation shall not relieve the Director of responsibility for
the administration of such functions. The Administrator shall serve as
principal adviser to the Director on Federal information resources
management policy.
[[Page 109 STAT. 167]]
``Sec. 3504. Authority and functions of Director
``(a)(1) The Director shall oversee the use of information resources
to improve the efficiency and effectiveness of governmental operations
to serve agency missions, including burden reduction and service
delivery to the public. In performing such oversight, the Director
shall--
``(A) develop, coordinate and oversee the implementation of
Federal information resources management policies, principles,
standards, and guidelines; and
``(B) provide direction and oversee--
``(i) the review and approval of the collection of
information and the reduction of the information
collection burden;
``(ii) agency dissemination of and public access to
information;
``(iii) statistical activities;
``(iv) records management activities;
``(v) privacy, confidentiality, security,
disclosure, and sharing of information; and
``(vi) the acquisition and use of information
technology.
``(2) The authority of the Director under this chapter shall be
exercised consistent with applicable law.
``(b) With respect to general information resources management
policy, the Director shall--
``(1) develop and oversee the implementation of uniform
information resources management policies, principles,
standards, and guidelines;
``(2) foster greater sharing, dissemination, and access to
public information, including through--
``(A) the use of the Government Information Locator
Service; and
``(B) the development and utilization of common
standards for information collection, storage,
processing and communication, including standards for
security, interconnectivity and interoperability;
``(3) initiate and review proposals for changes in
legislation, regulations, and agency procedures to improve
information resources management practices;
``(4) oversee the development and implementation of best
practices in information resources management, including
training; and
``(5) oversee agency integration of program and management
functions with information resources management functions.
``(c) With respect to the collection of information and the control
of paperwork, the Director shall--
``(1) review and approve proposed agency collections of
information;
``(2) coordinate the review of the collection of information
associated with Federal procurement and acquisition by the
Office of Information and Regulatory Affairs with the Office of
Federal Procurement Policy, with particular emphasis on applying
information technology to improve the efficiency and
effectiveness of Federal procurement, acquisition and payment,
and to reduce information collection burdens on the public;
``(3) minimize the Federal information collection burden,
with particular emphasis on those individuals and entities most
adversely affected;
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``(4) maximize the practical utility of and public benefit
from information collected by or for the Federal Government; and
``(5) establish and oversee standards and guidelines by
which agencies are to estimate the burden to comply with a
proposed collection of information.
``(d) With respect to information dissemination, the Director shall
develop and oversee the implementation of policies, principles,
standards, and guidelines to--
``(1) apply to Federal agency dissemination of public
information, regardless of the form or format in which such
information is disseminated; and
``(2) promote public access to public information and
fulfill the purposes of this chapter, including through the
effective use of information technology.
``(e) With respect to statistical policy and coordination, the
Director shall--
``(1) coordinate the activities of the Federal statistical
system to ensure--
``(A) the efficiency and effectiveness of the
system; and
``(B) the integrity, objectivity, impartiality,
utility, and confidentiality of information collected
for statistical purposes;
``(2) ensure that budget proposals of agencies are
consistent with system-wide priorities for maintaining and
improving the quality of Federal statistics and prepare an
annual report on statistical program funding;
``(3) develop and oversee the implementation of
Governmentwide policies, principles, standards, and guidelines
concerning--
``(A) statistical collection procedures and methods;
``(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 programs;
``(4) evaluate statistical program performance and agency
compliance with Governmentwide policies, 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) <<NOTE: Establishment.>> establish an Interagency
Council on Statistical Policy to advise and assist the Director
in carrying out the functions under this subsection that shall--
``(A) be headed by the chief statistician; and
``(B) consist of--
``(i) the heads of the major statistical
programs; and
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``(ii) representatives of other statistical
agencies under rotating membership; and
``(9) provide opportunities for training in statistical
policy functions to employees of the Federal Government under
which--
``(A) each trainee shall be selected at the
discretion of the Director based on agency requests 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) <<NOTE: Records.>> With respect to records management, the
Director shall--
``(1) provide advice and assistance to the Archivist of the
United States and the Administrator of General Services to
promote coordination in the administration 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--
``(A) the requirements of chapters 29, 31, and 33 of
this title; and
``(B) <<NOTE: Regulations.>> regulations promulgated
by the Archivist of the United States and the
Administrator of General Services; and
``(3) oversee the application of records management
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 privacy,
confidentiality, security, disclosure and sharing of information
collected or maintained by or for agencies;
``(2) oversee and coordinate compliance with sections 552
and 552a of title 5, the Computer Security Act of 1987 (40
U.S.C. 759 note), and related information 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 commensurate with the risk and
magnitude of the harm resulting from the loss, misuse, or
unauthorized access to or modification of information collected
or maintained 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 National
Institute of Standards and Technology and the Administrator of
General Services--
``(A) develop and oversee the implementation of
policies, principles, standards, and guidelines for
information technology functions and activities of the
Federal Government, including periodic evaluations of
major information systems; and
``(B) oversee the development and implementation of
standards under section 111(d) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
759(d));
[[Page 109 STAT. 170]]
``(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);
``(3) coordinate the development and review by the Office of
Information and Regulatory Affairs of policy associated with
Federal procurement and acquisition 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 resources
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 improve
agency performance and the accomplishment of agency
missions; and
``(5) promote the use of information technology by the
Federal Government to improve the productivity, efficiency, and
effectiveness of Federal programs, including through
dissemination of public information and the reduction of
information collection burdens on the public.
``Sec. 3505. Assignment of tasks and deadlines
``(a) 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 information collection
burdens by at least 10 percent during each of fiscal years 1996
and 1997 and 5 percent during each of fiscal years 1998, 1999,
2000, and 2001, and set annual agency goals to--
``(A) reduce information collection burdens imposed
on the public that--
``(i) represent the maximum practicable
opportunity in each agency; and
``(ii) are consistent with improving agency
management of the process for the review of
collections of information established under
section 3506(c); and
``(B) improve information resources management 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 entities on a
voluntary basis, conduct pilot projects to test alternative
policies, practices, regulations, and procedures to fulfill the
purposes of this chapter, particularly with regard to minimizing
the Federal information collection burden; and
``(3) in consultation with the Administrator of General
Services, the Director of the National Institute of Standards
and Technology, the Archivist of the United States, and the
Director of the Office of Personnel Management, develop and
maintain a Governmentwide 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--
[[Page 109 STAT. 171]]
``(i) reducing information burdens on the
public, including reducing such burdens through
the elimination of duplication and meeting shared
data needs with shared resources;
``(ii) enhancing public access to and
dissemination of, information, using electronic
and other formats; and
``(iii) meeting the information technology
needs of the Federal Government in accordance with
the purposes of this chapter; and
``(C) a description of progress in applying
information resources management to improve agency
performance and the accomplishment of missions.
``(b) For purposes of any pilot project conducted under subsection
(a)(2), the Director may, after consultation with the agency head, waive
the application of any administrative directive issued by an agency with
which the project is conducted, including any directive requiring a
collection of information, after giving timely notice to the public and
the Congress regarding the need for such waiver.
``Sec. 3506. Federal agency responsibilities
``(a)(1) The head of each agency shall be responsible for--
``(A) carrying out the agency's information resources
management activities to improve agency productivity,
efficiency, and effectiveness; and
``(B) complying with the requirements of this chapter and
related policies established by the Director.
``(2)(A) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> The Secretary of the Department of Defense
and the Secretary of each military department may each designate senior
officials who shall report directly to such Secretary to carry out the
responsibilities of the department under this chapter. If more than one
official is designated, 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 compliance with and prompt,
efficient, and effective implementation 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 office shall be
selected with special attention to the professional 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 consultation with the senior official
designated under paragraph (2) and the agency Chief Financial Officer
(or comparable official), each agency program official shall define
program information needs and develop strategies, systems, and
capabilities to meet those needs.
``(b) With respect to general information resources management, each
agency shall--
``(1) manage information resources to--
[[Page 109 STAT. 172]]
``(A) reduce information collection burdens on the
public;
``(B) increase program efficiency and effectiveness;
and
``(C) improve the integrity, quality, and utility of
information to all users within and outside the agency,
including capabilities for ensuring dissemination of
public information, public access to government
information, and protections for privacy and security;
``(2) in accordance with guidance by the Director, develop
and maintain a strategic information resources management plan
that shall describe how information resources management
activities help accomplish agency missions;
``(3) develop and maintain an ongoing process to--
``(A) ensure that information resources management
operations and decisions are integrated with
organizational planning, budget, financial management,
human resources management, and program decisions;
``(B) in cooperation with the agency Chief Financial
Officer (or comparable official), develop a full and
accurate accounting of information technology
expenditures, related expenses, and results; and
``(C) establish goals for improving information
resources management's contribution to program
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 Administrator
of General Services, and the Archivist of the United States,
maintain a current and complete inventory of the agency's
information resources, including directories necessary to
fulfill the requirements of section 3511 of this chapter; and
``(5) in consultation with the Director and the Director of
the Office of Personnel Management, conduct formal training
programs to educate agency program and management officials
about information resources 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 evaluate fairly whether
proposed collections of information 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
information 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 information
through a pilot program, if appropriate; and
``(vi) a plan for the efficient and effective
management and use of the information to be
collected, including necessary resources;
[[Page 109 STAT. 173]]
``(B) ensure that each information collection--
``(i) is inventoried, displays a control
number and, if appropriate, an expiration date;
``(ii) indicates the collection is in
accordance with the clearance requirements of
section 3507; and
``(iii) informs the person receiving the
collection of information of--
``(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
collection;
``(IV) whether responses to the
collection of information are voluntary,
required to obtain a benefit, or
mandatory; and
``(V) the fact that an agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless it displays a
valid control number; and
``(C) assess the information collection burden of
proposed legislation affecting the agency;
``(2)(A) <<NOTE: Federal Register, publication.>> except as
provided under subparagraph (B) or section 3507(j), 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--
``(i) evaluate whether the proposed collection of
information is necessary for the proper performance of
the functions of the agency, including 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 clarity of
the information to be collected; and
``(iv) minimize the burden of the collection of
information on those who are to respond, including
through the use of automated collection techniques or
other forms of information technology; and
``(B) <<NOTE: Regulations.>> 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 submitted to the Director
for review under section 3507--
``(A) is necessary for the proper performance of the
functions of the agency, including that the information
has practical utility;
``(B) is not unnecessarily duplicative of
information 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, including with respect
to small entities,
[[Page 109 STAT. 174]]
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;
``(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 consistent and
compatible, to the maximum extent practicable, with the
existing reporting and recordkeeping practices of those
who are to respond;
``(F) indicates for each recordkeeping requirement
the length of time persons are required 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 efficient and
effective management and use of the information to be
collected, including the processing 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.
``(d) <<NOTE: Public information.>> With respect to information
dissemination, each agency shall--
``(1) ensure that the public has timely and equitable access
to the agency's public information, including ensuring such
access through--
``(A) encouraging a diversity of public and private
sources for information based on government public
information;
``(B) in cases in which the agency provides public
information maintained in electronic format, providing
timely and equitable access to the underlying data (in
whole or in part); and
``(C) agency dissemination of public information 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;
[[Page 109 STAT. 175]]
``(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 information
that exceed the cost of dissemination.
``(e) With respect to statistical policy and coordination, 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 confidentiality;
``(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 information 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) <<NOTE: Records.>> With respect to records management, each
agency shall implement and enforce applicable policies and procedures,
including requirements for archiving information maintained in
electronic format, particularly in the planning, design and operation of
information systems.
``(g) <<NOTE: Privacy. Computer technology.>> 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 information collected or maintained by
or for the agency;
``(2) assume responsibility and accountability for
compliance with and coordinated management of sections 552 and
552a of title 5, the Computer Security Act of 1987 (40 U.S.C.
759 note), and related information management laws; and
``(3) consistent with the Computer Security Act of 1987 (40
U.S.C. 759 note), identify and afford security protections
commensurate with the risk and magnitude of the harm resulting
from the loss, misuse, or unauthorized access to or modification
of information collected or maintained by or on behalf of an
agency.
``(h) <<NOTE: Science and technology.>> With respect to Federal
information technology, each agency shall--
``(1) implement and enforce applicable Governmentwide and
agency information technology management policies, principles,
standards, and guidelines;
``(2) assume responsibility and accountability for
information technology investments;
``(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 information;
``(4) propose changes in legislation, regulations, and
agency procedures to improve information technology practices,
includ
[[Page 109 STAT. 176]]
ing changes that improve the ability of the agency to use
technology to reduce burden; and
``(5) assume responsibility for maximizing the value and
assessing and managing the risks of major information systems
initiatives through a process that is--
``(A) integrated with budget, financial, and program
management decisions; and
``(B) used to select, control, and evaluate the
results of major information systems initiatives.
``Sec. 3507. Public information collection activities; submission to
Director; approval and delegation
``(a) An agency shall not conduct or sponsor the collection 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 certification
required under section 3506(c)(3), the proposed
collection of information, copies of pertinent statutory
authority, regulations, and other related materials as
the Director may specify; and
``(D) <<NOTE: Federal Register,
publication.>> published a notice in the Federal
Register--
``(i) stating that the agency has made such
submission; and
``(ii) setting forth--
``(I) a title for the collection of
information;
``(II) a summary of the collection
of information;
``(III) a brief description of the
need for the information and the
proposed use of the information;
``(IV) a description of the likely
respondents and proposed frequency of
response to the collection of
information;
``(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 Director;
``(2) the Director has approved the proposed collection 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 subsection (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 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.
[[Page 109 STAT. 177]]
``(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 1 year.
``(d)(1) <<NOTE: Proposed rule.>> 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 contains a collection of information and
any information requested by the Director necessary to make the
determination required under this subsection; and
``(B) <<NOTE: Federal Register, publication.>> within 60
days after the notice of proposed rulemaking is published in the
Federal Register, the Director may file public comments pursuant
to the standards set forth in section 3508 on the collection of
information contained in the proposed rule;
``(2) <<NOTE: Regulations. Federal Register, publication.>> When a
final rule is published in the Federal Register, 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 information which
was not specifically required by an agency rule;
``(B) from disapproving any collection of information
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 information
contained in a final agency rule, if the Director finds within
60 days after the publication of the 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 information
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 proposed rule; and
``(ii) the agency has not given the Director the
information required under paragraph (1) with respect to
the modified collection of information, 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 public 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.
[[Page 109 STAT. 178]]
``(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 available and include an explanation of
the reasons for such decision.
``(2) Any written communication between 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 person
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 established 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 is not approved under this chapter, the
disclosure of which could lead to retaliation or discrimination
against the communicator.
``(f)(1) An independent regulatory agency which is administered by 2
or more members of a commission, board, or similar body, may by majority
vote void--
``(A) any disapproval by the Director, in whole or in part,
of a proposed collection of information of that agency; or
``(B) an exercise of authority under subsection (d) of
section 3507 concerning that agency.
``(2) The agency shall certify each vote to void such disapproval or
exercise to the Director, and explain the reasons 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 information 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 collection 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 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 existing rule,
or recommends or instructs the agency to make a substantive or material
change to a collection of information contained in an existing rule, the
Director shall--
``(A) <<NOTE: Federal Register, publication.>> publish an
explanation thereof in the Federal Register; and
[[Page 109 STAT. 179]]
``(B) instruct the agency to undertake a rulemaking within a
reasonable time limited to consideration of changes to the
collection of information contained in the rule and thereafter
to submit the collection of information for approval or
disapproval under this chapter.
``(3) An agency may not make a substantive or material 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 approved and has sufficient resources to carry out
this responsibility 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 purposes.
``(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 a
collection of information, if an agency head determines that--
``(A) a collection of information--
``(i) is needed prior to the expiration of time
periods established under this chapter; and
``(ii) is essential to the mission of the agency;
and
``(B) the agency cannot reasonably comply with the
provisions of this chapter because--
``(i) public harm is reasonably likely to result if
normal clearance procedures are followed;
``(ii) an unanticipated event has occurred; or
``(iii) the use of normal clearance procedures is
reasonably likely to prevent or disrupt the collection
of information or is reasonably likely to cause a
statutory or court ordered 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 information 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.
``Sec. 3508. Determination of necessity for information; hearing
``Before approving a proposed collection of information, the
Director shall determine whether the collection of information by the
agency is necessary for the proper performance 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
[[Page 109 STAT. 180]]
or to submit statements in writing. To the extent, if any, that the
Director determines that the collection of information by an agency is
unnecessary for any reason, the agency may not engage in the collection
of information.
``Sec. 3509. Designation of central collection agency
``The Director may designate a central collection agency to obtain
information for two or more agencies if the Director determines that the
needs of such agencies for information 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 reimbursement 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
collection agency to obtain. The Director may modify the designation
from time to time as circumstances require. The authority to designate
under this section is subject to the provisions of section 3507(f) of
this chapter.
``Sec. 3510. Cooperation of agencies in making information available
``(a) The Director may direct an agency to make available 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 applicable law.
``(b)(1) If information obtained by an agency is released by that
agency to another agency, all the provisions of law (including
penalties) that relate to the unlawful disclosure 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.
``Sec. 3511. Establishment and operation of Government Information
Locator Service
``(a) In order to assist agencies and the public in locating
information and to promote information sharing and equitable access by
the public, the Director shall--
``(1) cause to be established and maintained a distributed
agency-based electronic Government Information Locator Service
(hereafter in this section referred to as the `Service'), which
shall identify the major information systems, holdings, and
dissemination products of each agency;
``(2) require each agency to establish and maintain an
agency information locator service as a component of, and to
support the establishment and operation of the Service;
``(3) <<NOTE: Establishment.>> in cooperation with the
Archivist of the United States, the Administrator of General
Services, the Public Printer, and the Librarian of Congress,
establish an interagency committee
[[Page 109 STAT. 181]]
to advise the Secretary of Commerce on the development of
technical standards for the Service to ensure compatibility,
promote information sharing, and uniform access by the public;
``(4) consider public access and other user needs in the
establishment and operation of the Service;
``(5) ensure the security and integrity of the Service,
including measures to ensure that only information which is
intended to be disclosed to the public is disclosed through the
Service; and
``(6) periodically review the development and effectiveness
of the Service and make recommendations for improvement,
including other mechanisms for improving public access to
Federal agency public information.
``(b) This section shall not apply to operational files as defined
by the Central Intelligence Agency Information Act (50 U.S.C. 431 et
seq.).
``Sec. 3512. Public protection
``(a) Notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of
information that is subject to this chapter if--
``(1) the collection of information does not display a valid
control number assigned by the Director in accordance with this
chapter; or
``(2) the agency fails to inform the person who is to
respond to the collection of information that such person is not
required to respond to the collection of information unless it
displays a valid control number.
``(b) The protection provided by this section may be raised in the
form of a complete defense, bar, or otherwise at any time during the
agency administrative process or judicial action applicable thereto.
``Sec. 3513. Director review of agency activities; reporting; 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 Director shall periodically review selected
agency information resources management activities to ascertain the
efficiency and effectiveness of such activities to improve agency
performance 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 describing steps (including milestones)
to--
``(1) be taken to address information resources management
problems identified in the report; and
``(2) improve agency performance and the accomplishment of
agency missions.
``Sec. 3514. Responsiveness to Congress
``(a)(1) The Director shall--
``(A) keep the Congress and congressional committees fully
and currently informed of the major activities under this
chapter; and
[[Page 109 STAT. 182]]
``(B) <<NOTE: Reports.>> 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--
``(i) a summary of accomplishments and planned
initiatives to reduce collection of information burdens;
``(ii) a list of all violations of this chapter and
of any rules, guidelines, policies, and procedures
issued pursuant to this chapter;
``(iii) a list of any increase in the collection of
information burden, including the authority for each
such collection; and
``(iv) a list of agencies that in the preceding year
did not reduce information collection burdens in
accordance with section 3505(a)(1), a list of the
programs and statutory responsibilities of those
agencies that precluded that reduction, and
recommendations to assist those agencies to reduce
information collection burdens in accordance with that
section;
``(B) improved the quality and utility of statistical
information;
``(C) improved public access to Government information; and
``(D) improved program performance and the accomplishment of
agency missions through information resources management.
``(b) The preparation of any report required by this section shall
be based on performance results reported by the agencies and shall not
increase the collection of information burden on persons outside the
Federal Government.
``Sec. 3515. Administrative powers
``Upon the request of the Director, each agency (other than an
independent regulatory agency) shall, to the extent practicable, make
its services, personnel, and facilities available to the Director for
the performance of functions under this chapter.
``Sec. 3516. Rules and regulations
``The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this chapter.
``Sec. 3517. Consultation with other agencies and the public
``(a) In developing information resources management policies,
plans, rules, regulations, procedures, and guidelines and in reviewing
collections of information, the Director shall provide interested
agencies and persons early and meaningful opportunity to comment.
``(b) Any person may request the Director to review any collection
of information conducted by or for an agency to determine, if, under
this chapter, a person shall maintain, provide, or disclose the
information to or for the agency. Unless the request is frivolous, the
Director shall, in coordination with the agency responsible for the
collection of information--
[[Page 109 STAT. 183]]
``(1) respond to the request within 60 days after receiving
the request, unless such period is extended by the Director to a
specified date and the person making the request is given notice
of such extension; and
``(2) take appropriate remedial action, if necessary.
``Sec. 3518. Effect on existing laws and regulations
``(a) Except as otherwise provided in this chapter, the authority of
an agency under any other law to prescribe policies, rules, regulations,
and procedures for Federal information resources management activities
is subject to the authority of the Director under this chapter.
``(b) Nothing in this chapter shall be deemed to affect or reduce
the authority of the Secretary of Commerce or the Director of the Office
of Management and Budget pursuant to Reorganization Plan No. 1 of 1977
(as amended) and Executive order, relating to telecommunications and
information policy, procurement and management of telecommunications and
information systems, spectrum use, and related matters.
``(c)(1) Except as provided in paragraph (2), this chapter shall not
apply to the collection of information--
``(A) during the conduct of a Federal criminal investigation
or prosecution, or during the disposition of a particular
criminal matter;
``(B) during the conduct of--
``(i) a civil action to which the United States or
any official or agency thereof is a party; or
``(ii) an administrative action or investigation
involving an agency against specific individuals or
entities;
``(C) by compulsory process pursuant to the Antitrust Civil
Process Act and section 13 of the Federal Trade Commission
Improvements Act of 1980; or
``(D) during the conduct of intelligence activities as
defined in section 3.4(e) of Executive Order No. 12333, issued
December 4, 1981, or successor orders, or during the conduct of
cryptologic activities that are communications security
activities.
``(2) This chapter applies to the collection of information during
the conduct of general investigations (other than information collected
in an antitrust investigation to the extent provided in subparagraph (C)
of paragraph (1)) undertaken with reference to a category of individuals
or entities such as a class of licensees or an entire industry.
``(d) Nothing in this chapter shall be interpreted as increasing or
decreasing the authority conferred by Public Law 89-306 on the
Administrator of the General Services Administration, the Secretary of
Commerce, or the Director of the Office of Management and Budget.
``(e) Nothing in this chapter shall be interpreted as increasing or
decreasing the authority of the President, the Office of Management and
Budget or the Director thereof, under the laws of the United States,
with respect to the substantive policies and programs of departments,
agencies and offices, including the substantive authority of any Federal
agency to enforce the civil rights laws.
``Sec. 3519. Access to information
``Under the conditions and procedures prescribed in section 716 of
title 31, the Director and personnel in the Office of Informa
[[Page 109 STAT. 184]]
tion and Regulatory Affairs shall furnish such information as the
Comptroller General may require for the discharge of the
responsibilities of the Comptroller General. For the purpose of
obtaining such information, the Comptroller General or representatives
thereof shall have access to all books, documents, papers and records,
regardless of form or format, of the Office.
``Sec. 3520. Authorization of appropriations
``There are authorized to be appropriated to the Office of
Information and Regulatory Affairs to carry out the provisions of this
chapter, and for no other purpose, $8,000,000 for each of the fiscal
years 1996, 1997, 1998, 1999, 2000, and 2001.''.
SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL REPORT
PROGRAM AT BUREAU OF THE CENSUS.
Section 91 of title 13, United States Code, is amended by adding at
the end the following new subsection:
``(d)(1) The Secretary shall not select an organization or entity
for participation in a survey, if--
``(A) the organization or entity--
``(i) has assets of less than $50,000,000;
``(ii) completed participation in a prior survey in
the preceding 10-year period, as determined by the
Secretary; and
``(iii) was selected for that prior survey
participation after September 30, 1990; or
``(B) the organization or entity--
``(i) has assets of more than $50,000,000 and less
than $100,000,000;
``(ii) completed participation in a prior survey in
the preceding 2-year period, as determined by the
Secretary; and
``(iii) was selected for that prior survey
participation after September 30, 1995.
``(2)(A) The Secretary shall furnish advice and similar assistance
to ease the burden of a small business concern which is attempting to
compile and furnish the business information required of organizations
and entities participating in the survey.
``(B) To facilitate the provision of the assistance under
subparagraph (A), the Secretary shall establish a toll-free telephone
number.
``(C) The Secretary shall expand the use of statistical sampling
techniques to select organizations and entities having assets less than
$100,000,000 to participate in the survey.
``(3) The Secretary may undertake such additional paperwork burden
reduction initiatives with respect to the conduct of the survey as may
be deemed appropriate by the Secretary.
``(4) For purposes of this subsection:
``(A) The term `small business concern' means a business
concern that meets the requirements of section 3(a) of the Small
Business Act and the regulations promulgated pursuant thereto.
``(B) The term `survey' means the collection of information
by the Secretary pursuant to this section for the purpose of
preparing the publication entitled `Quarterly Financial Report
for Manufacturing, Mining, and Trade Corporations'.''.
[[Page 109 STAT. 185]]
SEC. 4. <<NOTE: 44 USC 3501 note.>> EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this section, this
Act and the amendments made by this Act shall take effect on October 1,
1995.
(b) Authorization of Appropriations.--Section 3520 of title 44,
United States Code, as amended by this Act, shall take effect on the
date of enactment of this Act.
(c) Delayed Application.--In the case of a collection of information
for which there is in effect on September 30, 1995, a control number
issued by the Office of Management and Budget under chapter 35 of title
44, United States Code--
(1) the amendments made by this Act shall apply to the
collection of information beginning on the earlier of--
(A) the first renewal or modification of that
collection of information after September 30, 1995; or
(B) the expiration of its control number after
September 30, 1995.
(2) prior to such renewal, modification, or expiration, the
collection of information shall be subject to chapter 35 of
title 44, United States Code, as in effect on September 30,
1995.
Approved May 22, 1995.
LEGISLATIVE HISTORY--S. 244 (H.R. 830):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-37 accompanying H.R. 830 (Comm. on Government
Reform and Oversight) and 104-99 (Comm. of Conference).
SENATE REPORTS: No. 104-8 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Feb. 22, H.R. 830 considered and passed House.
Mar. 6, 7, S. 244 considered and passed Senate.
Mar. 10, considered and passed House, amended.
Apr. 6, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
May 22, Presidential remarks.
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