[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 560 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 560
To further the goals of the Paperwork Reduction Act to have Federal
agencies become more responsible and publicly accountable for reducing
the burden of Federal paperwork on the public, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10 (legislative day, March 3), 1993
Mr. Nunn (for himself, Mr. Bumpers, Mr. Danforth, Mr. Roth, Mr.
Pressler, Mr. Heflin, Mr. Johnston, Mr. Bond, Mr. Breaux, Mr. Cohen,
Mr. Boren, Mr. Cochran, Mr. Bryan, Mr. Wallop, Mr. Hollings, Mr. Mack,
Mr. Exon, Mr. Burns, Mr. Shelby, Mr. Lott, Mr. Robb, Mr. Coats, Ms.
Moseley-Braun, Mr. Hatch, Mr. Dole, and Mr. Domenici) introduced the
following bill; which was read twice and referred to the Committee on
Governmental Affairs
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Reduction Act of 1993''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC
Sec. 201. Reemphasizing the need to reduce the burden of Federal
paperwork on the public.
Sec. 202. Coverage of all federally sponsored paperwork burdens.
Sec. 203. Paperwork reduction goals.
TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY
FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK
Sec. 301. Designating an agency official responsible and publicly
accountable for reducing the burden of
Federal paperwork.
Sec. 302. Agency responsibilities for controlling and reducing the
burden of Federal paperwork.
TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR
REDUCING THE BURDEN OF FEDERAL PAPERWORK
Sec. 401. Reemphasizing the responsibility of the Director to control
the burden of Federal paperwork.
Sec. 402. Enhancing agency responsibility to obtain public review of
proposed paperwork burdens.
Sec. 403. Expediting review at the Office of Management and Budget.
Sec. 404. Improving public and agency scrutiny of paperwork burdens
proposed for renewal.
Sec. 405. Protection for whistleblowers of unauthorized paperwork
burden.
Sec. 406. Enhancing public participation.
Sec. 407. Expediting review of an agency information collection request
with a reduced burden.
TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING
PUBLIC INFORMATION
Sec. 501. Prescribing Governmentwide standards for sharing and
disseminating public information.
Sec. 502. Agency responsibilities for sharing and disseminating and
sharing public information.
Sec. 503. Agency information inventory/locator system.
TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY
Sec. 601. Strengthening the statistical policy and coordination
functions of the Director.
Sec. 602. Use of electronic information collection and dissemination
techniques to reduce burden.
Sec. 603. Agency implementation.
Sec. 604. Automatic data processing equipment plan.
Sec. 605. Technical and conforming amendments.
TITLE VII--EFFECTIVE DATES
Sec. 701. Effective dates.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 3520(a) of title 44, United States Code, is amended by
striking out ``$5,500,000 for each of the fiscal years 1987, 1988, and
1989.'' and inserting in lieu thereof ``$7,000,000 for fiscal year
1994, $7,500,000 for fiscal year 1995, $8,000,000 for fiscal year 1996,
$8,500,000 for fiscal year 1997, and $9,000,000 for fiscal year
1998.''.
TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC
SEC. 201. REEMPHASIZING THE NEED TO REDUCE THE BURDEN OF FEDERAL
PAPERWORK ON THE PUBLIC.
Section 3501 of title 44, United States Code, is amended to read as
follows:
``Sec. 3501. Purposes
``The purposes of this chapter are to--
``(1) minimize the Federal paperwork burden for
individuals, small businesses, educational and nonprofit
institutions, Federal contractors, State and local governments,
and other persons;
``(2) minimize the cost to the Federal Government of
collecting, maintaining, using, retaining, sharing, and
disseminating information;
``(3) maximize the usefulness of information collected,
maintained, used, retained and shared by the Federal
Government;
``(4) coordinate, integrate and, to the extent practicable
and appropriate, make uniform Federal information policies and
practices;
``(5) ensure that government information resources
management is conducted in an efficient and cost effective
manner to--
``(A) improve the quality of decisionmaking and
program management and administration;
``(B) improve the quality and timeliness of
services delivered to the public;
``(C) increase productivity;
``(D) reduce waste and fraud;
``(E) facilitate the sharing of information;
``(F) ensure the integrity, quality and utility of
the Federal statistical system; and
``(G) reduce burden upon the public;
``(6) ensure that the collection, maintenance, use,
retention, sharing, and disseminating of information by or for
the Federal Government is consistent with applicable laws;
``(7) establish the responsibility and public
accountability of Federal agencies for implementing the
information collection review process, information resources
management, and related policies and guidance established
pursuant to this chapter;
``(8) ensure that automatic data processing,
telecommunications and other information technologies are
acquired and used by the Federal Government in an effective and
efficient manner that--
``(A) improves service delivery and program
management;
``(B) increases productivity;
``(C) improves the quality of decisionmaking;
``(D) reduces waste and fraud;
``(E) maximizes the return on investment from the
application of Government information and information
technology resources over their life cycle; and
``(F) wherever practicable and appropriate, reduces
the information processing burden for the Federal
Government and for persons who provide information,
keep records and otherwise disclose information to and
for the Federal Government; and
``(9) strengthen the partnership between the Federal
Government with State and local governments by minimizing the
burden and maximizing the utility of information collected and
shared.''.
SEC. 202. COVERAGE OF ALL FEDERALLY SPONSORED PAPERWORK BURDENS.
Section 3502 of title 44, United States Code, is amended--
(1) by amending paragraph (3) to read as follows:
``(3) the term `burden' means the time, effort, financial
resources, and opportunity costs imposed on persons to
generate, capture, assemble, process, maintain, and report
information to or for a Federal agency, including--
``(A) the resources expended for obtaining,
reviewing and understanding applicable instructions and
requirements;
``(B) developing a way to comply with the
applicable instructions and requirements;
``(C) adjusting the existing ways to comply with
any previously applicable instructions and
requirements;
``(D) searching existing data sources;
``(E) obtaining, compiling and maintaining the
necessary data;
``(F) implementing recordkeeping requirements;
``(G) completing and reviewing the collection of
information;
``(H) retaining, sharing, notifying, reporting,
transmitting, labeling, or otherwise disclosing to
third parties or the public the information involved;
and
``(I) carrying out any other information
transaction which occurs as a result of the collection
of information;'';
(2) in paragraph (4) by striking out ``of facts or opinions
by'' and inserting in lieu thereof ``(through maintenance,
retention, notifying, reporting, labeling or disclosure to
third parties or the public) of facts or opinions by or for'';
and
(3) in paragraph (17) by inserting ``, including the
retention, reporting, notifying, or disclosure to third parties
or the public of such records'' before the period.
SEC. 203. PAPERWORK REDUCTION GOALS.
Section 3505 of title 44, United States Code, is amended to read as
follows:
``Sec. 3505. Assignment of tasks and deadlines
``In carrying out the functions under this chapter, the Director
shall--
``(1) set a Governmentwide goal, consistent with improving
agency management of the process for the review of each
collection of information established under section 3506(e), to
reduce by September 30, 1994, the burden of Federal collections
of information existing on September 30, 1993, by at least 5
percent;
``(2) for the fiscal year beginning on October 1, 1994, and
the following 3 fiscal years, set a Governmentwide goal,
consistent with improving agency management of the process for
the review of each collection of information established under
section 3506(e), to reduce the burden of Federal collections of
information existing at the end of the immediately preceding
fiscal year by at least 5 percent;
``(3) in establishing the Governmentwide goal pursuant to
paragraph (2), establish a goal for each agency that--
``(A) represents the maximum practicable
opportunity to reduce the paperwork burden imposed upon
the public by such agency's collections of information,
after considering the recommendations of the senior
agency official designated under section 3506(b)(1);
and
``(B) permits the attainment of the Governmentwide
goal when such agency's goal is aggregated with the
individual goals of all other agencies included in the
Governmentwide goal; and
``(4) in each report issued under section 3514, beginning
with the report relating to fiscal year 1994, identify any
agency initiatives to reduce the burden of the Federal
collections of information associated with--
``(A) businesses, especially small businesses and
those engaged in international competition;
``(B) State and local governments; and
``(C) educational institutions.''.
TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY
FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK
SEC. 301. DESIGNATING AN AGENCY OFFICIAL RESPONSIBLE AND PUBLICLY
ACCOUNTABLE FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK.
Section 3506 of title 44, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Each agency'' and inserting in
lieu thereof ``The head of each agency''; and
(B) by inserting ``resources'' after ``its
information'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The head of each
agency''; and
(B) by adding at the end thereof the following new
paragraphs:
``(2) The senior official designated under paragraph (1)
shall be the head of an office, established by the head of the
agency, responsible for assuring agency compliance with and
prompt, efficient, and effective implementation of the
information collection review process, information resources
management, and related policies and guidance established
pursuant to this chapter.
``(3) Staff to such office shall be well qualified through
experience or training to carry out the information collection
review process, information resources management, and related
policies and guidance established under this chapter.''; and
(3) in subsection (c)--
(A) by striking out ``and'' after the semicolon at
the end of paragraph (7);
(B) by striking out the period at the end of
paragraph (8) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end thereof the following new
paragraphs:
``(9) prepare estimates of burden that will result from
proposed collections of information;
``(10) develop and maintain a strategic Information
Resources Management Plan, in accordance with guidance from the
Director, for the application of information resources to
support the agency's specified mission goals as articulated
through its strategic mission planning process;
``(11) establish oversight procedures, in accordance with
guidance provided by the Director, to improve the life cycle
management of the agency's major information systems; and
``(12) assess the agency's efforts to have program offices
manage Government information resources by using performance
measures that examine such factors as quality and timeliness of
service delivery to the public, productivity of program
administration, ability to prevent or reduce fraud, and the
burden of Government's information collection practices on the
public.''.
SEC. 302. AGENCY RESPONSIBILITIES FOR CONTROLLING AND REDUCING THE
BURDEN OF FEDERAL PAPERWORK.
Section 3506 of title 44, United States Code (as amended by section
301 of this Act) is further amended by adding at the end thereof the
following new subsections:
``(e) The head of each agency, acting through the senior official
designated under subsection (b)(1), shall establish an efficient, and
effective process for the prompt review of each information collection
request before it is submitted to the Director for review and approval
under this chapter. At a minimum, this review process shall--
``(1) be sufficiently independent of program
responsibilities to evaluate whether each information
collection request should be carried out;
``(2) be provided sufficient personnel and other resources
to carry out such review responsibility effectively; and
``(3) have authority (independent of agency program
officers) to approve, disapprove, and make needed improvements
in any agency collection of information.
``(f) Under the process established under subsection (e), the
senior official designated under subsection (b)(1) shall certify (and
provide a record supporting such certification, including any pertinent
public comments received by the agency) to the Director that--
``(1) the collection of information and any applicable
instructions and requirements--
``(A) are necessary for the proper performance of
the agency's functions and are the least burdensome
necessary;
``(B) are not unnecessarily duplicative of
information otherwise reasonably accessible to the
agency;
``(C) have practical utility;
``(D) are written using plain, coherent and
unambiguous terminology;
``(E) are 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) are understandable to those who are to
respond;
``(G) display on the information collection
request, to the extent practicable, the agency estimate
of the burden for each response, calculated in
accordance with the procedures established by the
Director under section 3504(c)(5);
``(H) use information technology to reduce burden
and improve agency responsiveness to the public;
``(I) use effective and efficient statistical
survey methodology appropriate to the need for which
the information is to be collected; and
``(J) explain the need and ultimate use of the
information to be collected, and the importance of an
accurate and timely response; and
``(2) the agency has taken necessary steps to--
``(A) except as provided in section 3507 (g) and
(k), give 60-day notice to, and consult with members of
the public and interested agencies, in order to--
``(i) enhance the clarity of the proposed
collection of information;
``(ii) solicit comment on the agency
estimate of the burden for each response for
such collection of information; and
``(iii) minimize the burden of such
collection of information on those who are to
respond, including the appropriate use of
automated collection technics or other forms of
information technology;
``(B) evaluate the proposed collection of
information and any applicable instructions and
requirements, by developing and conducting--
``(i) an assessment of need;
``(ii) a functional description of the
information to be collected;
``(iii) a plan for the practical collection
of information;
``(iv) a specific, objectively supported
estimation of burden, including each
transaction involved; and
``(v) a test of the collection of
information through a pilot or prototype
program, if appropriate;
``(C) plan and allocate resources for the efficient
and effective management and use of the information to
be solicited; and
``(D) reduce burdens on businesses (especially
small businesses and those engaged in international
competition), State and local governments, and
educational institutions, through consideration of such
alternatives as--
``(i) establishing differing compliance or
reporting requirements or timetables in
recognition of the resources available to those
who are to respond;
``(ii) the clarification, consolidation, or
simplification of compliance and reporting
requirements; and
``(iii) an exemption from coverage of the
collection of information, or any part
thereof.''.
TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR
REDUCING THE BURDEN OF FEDERAL PAPERWORK
SEC. 401. REEMPHASIZING THE RESPONSIBILITY OF THE DIRECTOR TO CONTROL
THE BURDEN OF FEDERAL PAPERWORK.
Section 3504(c) of title 44, United States Code, is amended--
(1) in paragraph (3) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively, and inserting
after subparagraph (A) the following new subparagraph:
``(B) display, to the extent practicable, an
estimate of the burden for each response;'';
(2) by amending paragraphs (5) and (6) to read as follows:
``(5) establishing procedures under which an agency is to
estimate the burden under this chapter to comply with the
proposed collection of information;
``(6) coordinating with the Office of Federal Procurement
Policy to eliminate paperwork burdens associated with
procurement and acquisition;'';
(3) by striking out the period at the end of paragraph (7)
and inserting in lieu thereof a semicolon; and
(4) by adding at the end thereof the following new
paragraphs:
``(8) minimizing the Federal paperwork burden imposed
through Federal collection of information, with particular
emphasis on those individuals or entities most adversely
affected, including--
``(A) businesses, especially small businesses and
those engaged in international competition;
``(B) State and local governments; and
``(C) educational institutions; and
``(9) initiating and conducting, with selected agencies and
non-Federal entities on a voluntary basis, pilot projects to
test or demonstrate the feasibility and benefit of changes or
innovations in Federal policies, rules, regulations, and agency
procedures to improve information management practices and
related management activities (including authority for the
Director to waive the application of designated agency
regulations or administrative directives after giving timely
notice to the public and Congress regarding the need for such
waiver).''.
SEC. 402. ENHANCING AGENCY RESPONSIBILITY TO OBTAIN PUBLIC REVIEW OF
PROPOSED PAPERWORK BURDENS.
Section 3507(a) of title 44, United States Code, is amended--
(1) in paragraph (2)(B) by inserting ``a summary of the
request,'' after ``title for the information collection
request,'';
(2) by striking out ``and'' at the end of paragraph (2);
and
(3) by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following:
``(3) the agency provides at least 30 days for public
comment to the agency and the Office of Management and Budget
after publication of the notice in the Federal Register, except
as provided under section 3507 (g) and (k), and the agency head
and the Director consider comments received regarding the
proposed collection of information; and''.
SEC. 403. EXPEDITING REVIEW AT THE OFFICE OF MANAGEMENT AND BUDGET.
Section 3507(b) of title 44, United States Code, is amended--
(1) by striking out the first sentence and inserting in
lieu thereof ``The Director shall within 30 days after
publication of the notice under subsection (a)(3) that is
applicable to a proposed information collection request not
contained in a proposed rule, notify the agency involved of the
decision to approve or disapprove the proposed information
collection request and shall make such decisions publicly
available. Any decision to disapprove an information collection
request shall include an explanation of the reasons for such
decision.'';
(2) by striking out ``sixty'' each place it appears and
inserting ``30'' in each such place;
(3) by striking out ``thirty'' and inserting in lieu
thereof ``30''; and
(4) by striking out ``one'' and inserting in lieu thereof
``1''.
SEC. 404. IMPROVING PUBLIC AND AGENCY SCRUTINY OF PAPERWORK BURDENS
PROPOSED FOR RENEWAL.
(a) Approval of Information Collection Request.--Section 3507(d) of
title 44, United States Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end thereof the following:
``(2)(A) If the head of the agency, or the senior official
designated under section 3506(b)(1), decides to seek extension of the
Director's approval granted for a currently approved information
collection request, the agency shall, through the notice prescribed in
subsection (a)(2)(B) and such other practicable steps as may be
reasonable, seek comment from the agencies, and the public on the
continued need for, and burden imposed by, the collection of
information.
``(B) The agency, after having made a reasonable effort to seek
comment under subparagraph (A), but no later than 60 days before the
expiration date of the control number assigned by the Director for the
currently approved information collection request, shall--
``(i) evaluate the public comments received;
``(ii) conduct the review established under section
3506(e); and
``(iii) provide to the Director the certification required
by section 3506(f), including the text of the certification and
any additional relevant information regarding how the
information collection request comports with the principles and
requirements of this chapter.
``(C) Upon receipt of such certification, and prior to the
expiration of the control number for that information collection
request, the Director shall--
``(i) ensure that the agency has taken the actions
specified under section 3506(f)(2);
``(ii) evaluate the public comments received by the agency
or by the Director;
``(iii) determine whether the agency certification complies
with the standards under section 3506(f)(1); and
``(iv) approve or disapprove the information collection
request under this chapter.
``(3) If a certification is not provided to the Director prior to
the beginning of the 60-day period before the expiration of the control
number as provided under paragraph (2)(B), the agency shall submit the
information collection request for review and approval or disapproval
under this chapter.
``(4) An agency may not make a substantive or material modification
to an information collection request after it has been approved by the
Director, unless the modification has been submitted to the Director
for review and approval or disapproval under this chapter.''.
(b) Approval of Information Collection Requirements.--Section 3507
of title 44, United States Code, is further amended by adding at the
end thereof the following new subsections:
``(i)(1) As soon as practicable, but no later than 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 requirement and upon request,
information necessary to make the determination required under this
chapter.
``(2) Within 60 days after the notice of proposed rulemaking is
published in the Federal Register, the Director may file public
comments under the standards set forth in section 3508 on the
collection of information requirement contained in the proposed rule.
``(3) When a final rule is published in the Federal Register, the
agency shall explain how any collection of information requirement
contained in the final rule responds to the comments, if any, filed by
the Director or the public, or explain the reasons such comments were
rejected.
``(4) The Director has no authority to disapprove any collection of
information requirement specifically contained in an agency rule, if
the Director has received notice and failed to comment on the rule
within 60 days after the notice of proposed rulemaking.
``(5) No provision in this section shall be construed to prevent
the Director, at the discretion of such officer, from--
``(A) disapproving any information collection request which
was not specifically required by an agency rule;
``(B) disapproving any collection of information
requirement contained in an agency rule, if the agency failed
to comply with the requirements of paragraph (1) of this
subsection;
``(C) disapproving any collection of information
requirement contained in a final agency rule, if the Director
finds within 60 days after the publication of the final rule
that such a collection of information requirement cannot be
approved under the standards set forth in section 3508, after
reviewing the agency's response to the comments of the Director
filed under paragraph (2) of this subsection; or
``(D) disapproving any collection of information
requirement, if the Director determines that the agency has
substantially modified, in the final rule, the collection of
information requirement contained in the proposed rule and the
agency has not given the Director the information required
under paragraph (1) with respect to the modified collection of
information requirement, at least 60 days before the issuance
of the final rule.
``(6) The Director shall make publicly available any decision to
disapprove a collection of information requirement contained in an
agency rule, together with the reasons for such decision.
``(7) The authority of the Director under this subsection is
subject to subsection (c).
``(8) This subsection shall apply only when an agency publishes a
notice of proposed rulemaking and requests public comments.
``(9) The decision of the Director to approve or not to act upon a
collection of information requirement contained in an agency rule shall
not be subject to judicial review.
``(j)(1) If the head of the agency, or the senior official
designated under section 3506(b)(1), decides to seek extension of the
Director's approval granted for a currently approved collection of
information requirement, the agency shall, through the notice
prescribed in subsection (a)(2)(B) and such other practicable steps as
may be reasonable, seek comment from the agencies, and the public on
the continued need for, and burden imposed by, the collection of
information requirement.
``(2) The agency, after having made a reasonable effort to seek
comment under paragraph (1), 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 requirement, shall--
``(A) evaluate the public comments received;
``(B) conduct the review established under section 3506(e);
and
``(C) provide to the Director the certification required by
section 3506(f), including the text of the certification and
any additional relevant information regarding how the
collection of information requirement comports with the
principles and requirements of this chapter.
``(3) Upon receipt of such certification, and prior to the
expiration date of the control number for that collection of
information requirement, the Director shall--
``(A) ensure that the agency has taken the actions
specified in section 3506(f)(2);
``(B) evaluate the public comments received by the agency
or by the Director;
``(C) determine whether the agency certification complies
with the standards under section 3506(f)(1); and
``(D) approve or disapprove the collection of information
requirement under this chapter.
``(4) If under the provisions of paragraph (3), the Director
disapproves a collection of information requirement, or recommends or
instructs the agency to make a substantive or material change to a
collection of information requirement, the Director shall--
``(A) publish an explanation thereof in the Federal
Register; and
``(B) instruct the agency to undertake a rulemaking within
a reasonable time limited to consideration of changes to the
collection of information requirement and thereafter to submit
the collection of information requirement for approval or
disapproval under this chapter.
``(5) Nothing in this subsection affects the review process for a
collection of information requirement contained in a proposed rule,
including a proposed change to an existing collection of information
requirement, under subsection (i) with respect to such collection of
information requirement.
``(6) The Director may not approve a collection of information
requirement for a period in excess of 3 years.''.
SEC. 405. PROTECTION FOR WHISTLEBLOWERS OF UNAUTHORIZED PAPERWORK
BURDEN.
Section 3507(h) of title 44, United States Code, is amended in the
second sentence by inserting before the period ``, and any
communication relating to a collection of information, the disclosure
of which could lead to retaliation or discrimination against the
communicator''.
SEC. 406. ENHANCING PUBLIC PARTICIPATION.
Section 3517 of title 44, United States Code, is amended--
(1) by inserting ``(a)'' before ``In development''; and
(2) by adding at the end thereof:
``(b)(1) Under procedures established by the Director, a person may
request the Director to review any collection of information conducted
by or for an agency to determine, if--
``(A) the collection of information is subject to the
requirements of this chapter;
``(B) the collection of information has been approved in
conformity with this chapter; and
``(C) the person that is to respond to the collection of
information is entitled to the public protections afforded by
this chapter.
``(2) Any review requested under paragraph (1), unless the request
is determined frivolous or does not on its face state a valid basis for
such review, shall--
``(A) be completed by the Director 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;
``(B)(i) be coordinated with the agency responsible for the
collection of information to which the request relates; and
``(ii) be coordinated with the Administrator for Federal
Procurement Policy, if the request relates to a collection of
information applicable to an actual or prospective Federal
contractor or subcontractor at any tier; and
``(C) result in a written determination by the Director,
that shall be--
``(i) furnished to the person making the request;
and
``(ii) made available to the public upon request
(and listed and summarized in the annual report
required under section 3514), unless confidentiality is
requested by the person making the request.''.
SEC. 407. EXPEDITING REVIEW OF AN AGENCY INFORMATION COLLECTION REQUEST
WITH A REDUCED BURDEN.
Section 3507 of title 44, United States Code (as amended by section
404(b) of this Act) is further amended by adding at the end thereof the
following new subsection:
``(k) Upon request by the head of an agency, the Director shall
approve a proposed change to an existing information collection request
(unless such proposed change is subject to subsection (i)) within 30
days after the Director receives the proposed change. The information
collection request shall thereafter remain in effect at least for the
remainder of the period for which it was previously approved by the
Director, if--
``(1) the information collection request has a current
control number; and
``(2) the Director determines that the revision--
``(A) reduces the burden resulting from the
information collection request; and
``(B) does not substantially change the information
collection request.''.
TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING
PUBLIC INFORMATION
SEC. 501. PRESCRIBING GOVERNMENTWIDE STANDARDS FOR SHARING AND
DISSEMINATING PUBLIC INFORMATION.
Section 3504(h) of title 44, United States Code, is amended to read
as follows:
``(h) The functions of the Director related to agency dissemination
and sharing of public information shall include--
``(1) developing policies and practices for agency
dissemination and sharing of public information consistent with
the agency responsibilities under section 3506(g); and
``(2) developing policy guidelines that instruct Federal
agencies on ways to fulfill agency responsibilities to
disseminate and share information that, to the extent
appropriate and practicable--
``(A) make information dissemination products
available on timely, equitable and cost effective
terms;
``(B) encourage a diversity of public and private
information dissemination products;
``(C) avoid establishing, or permitting others to
establish, exclusive, restricted, or other distribution
arrangements that interfere with the availability of
information dissemination products on a timely and
equitable basis; and
``(D) avoid establishing restrictions or
regulations, including the charging of fees or
royalties, on the reuse, resale, or redissemination of
Federal information dissemination products by the
public; and
``(E) set user charges for information
dissemination products at a level sufficient to recover
the cost of dissemination, except--
``(i) where otherwise required by statute;
``(ii) where the information is collected,
processed, and disseminated for the benefit of
a specific identifiable group beyond the
benefit to the general public; or
``(iii) where user charges are established
at less than cost of dissemination because of a
determination that higher charges would
interfere with the proper performance of the
agency's functions.''.
SEC. 502. AGENCY RESPONSIBILITIES FOR SHARING AND DISSEMINATING PUBLIC
INFORMATION.
Section 3506 of title 44, United States Code (as amended by
sections 301 and 302 of this Act) is further amended by adding at the
end thereof the following new subsection:
``(g) The head of each agency shall, to the extent appropriate and
practicable, and in conformance with the policy guidelines established
under section 3504(h), establish and maintain a management system for
the dissemination and sharing of information that--
``(1) ensures that the public has timely, equitable and
cost effective access to the agency's information dissemination
products;
``(2) disseminates and shares information in a manner that
achieves the best balance between maximizing the usefulness of
the information and minimizing the cost to the Government and
the public;
``(3) takes advantage of all appropriate channels, Federal
and non-Federal, including State and local governments,
libraries and private sector entities, in discharging agency
responsibilities for the dissemination and sharing of
information;
``(4) considers whether an information dissemination
product available from other Federal or non-Federal sources is
equivalent to an agency information dissemination product and
reasonably achieves the objectives of the agency;
``(5) establishes and maintains inventories of all agency
information dissemination products in conformance with the
requirements of section 3511;
``(6) establishes and maintains communications with members
of the public and with State and local governments so that the
agency shares information and otherwise creates information
dissemination products that meet their respective needs; and
``(7) provides adequate notice when initiating,
substantially modifying, or terminating significant information
dissemination products.''.
SEC. 503. AGENCY INFORMATION INVENTORY/LOCATOR SYSTEM.
(a) In General.--Section 3511 of title 44, United States Code, is
amended to read as follows:
``Sec. 3511. Inventory systems of information dissemination products
``(a) Each agency having significant information dissemination
products shall establish and maintain a comprehensive inventory of such
products, which shall include, at a minimum, the title of each such
product, an abstract of the contents of each product, the media in
which each product is available, and the cost, if any, of each product,
subject to any requirements promulgated pursuant to subsection (c).
``(b) The inventory created pursuant to subsection (a) shall be
made available for public access by electronic means, and in such other
media as are appropriate and practicable, at no charge to the public.
``(c) The Director, in consultation with the Secretary of Commerce,
the Archivist of the United States, the Public Printer, and the
Librarian of Congress, may establish a mechanism for developing
technical standards and other minimum requirements for the agency
inventory systems created under subsection (a).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by amending the
item relating to section 3511 to read as follows:
``3511. Inventory systems of information dissemination products.''.
TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY
SEC. 601. STRENGTHENING THE STATISTICAL POLICY AND COORDINATION
FUNCTIONS OF THE DIRECTOR.
Section 3504(d) of title 44, United States Code, is amended to read
as follows:
``(d)(1) The statistical policy and coordination functions of the
Director shall include--
``(A) coordinating and providing leadership for development
of the Federal statistical system;
``(B) developing and periodically reviewing and, as
necessary, revising long-range plans for the improved
coordination and performance of the statistical activities and
programs of the Federal Government;
``(C) ensuring the integrity, objectivity, impartiality and
confidentiality of the Federal statistical system;
``(D) reviewing budget proposals of agencies to ensure that
the proposals are consistent with such long range plans and
developing a summary and analysis of the budget submitted by
the President to the Congress for each fiscal year of the
allocation for all statistical activities;
``(E) coordinating, through the review of budget proposals
and as otherwise provided under this chapter, the functions of
the Federal Government with respect to gathering, interpreting
and sharing statistics and statistical information;
``(F) developing and implementing Governmentwide policies,
principles, standards and guidelines concerning statistical
collection procedures and methods, statistical data
classification, statistical information presentation and
sharing, and such statistical data sources as may be required
for the administration of Federal programs;
``(G) evaluating statistical program performance and agency
compliance with Governmentwide policies, principles, standards
and guidelines;
``(H) promoting the timely release by agencies of
statistical data to the public;
``(I) coordinating the participation of the United States
in international statistical activities;
``(J) preparing an annual report to submit to the Congress
on the statistical policy and coordination function;
``(K) integrating the functions described under this
paragraph with the other information resources management
functions specified under this chapter; and
``(L) appointing a chief statistician who is a trained and
experienced professional to carry out the functions described
under this paragraph.
``(2) The Director shall establish an interagency working group on
statistical policy, consisting of the heads of the agencies with major
statistical programs, headed by the chief statistician to coordinate
agency activities in carrying out the functions under paragraph (1).
``(3) The Director shall provide opportunities for long term
training in the statistical policy functions of the chief statistician
to employees of the Federal Government. Each trainee shall be selected
at the discretion of the Director based on agency requests and shall
serve for at least 6 months and no more than 1 year. All costs of the
training are to be paid by the agency requesting training.''.
SEC. 602. USE OF ELECTRONIC INFORMATION COLLECTION AND DISSEMINATION
TECHNIQUES TO REDUCE BURDEN.
Section 3504(g)(1) of title 44, United States Code, is amended--
(1) by inserting ``development and'' after ``overseeing
the''; and
(2) by inserting ``(including standards that improve the
ability of agencies to use technology to reduce burden)'' after
``establishment of standards''.
SEC. 603. AGENCY IMPLEMENTATION.
Section 3514(a) of title 44, United States Code, is amended--
(1) in paragraph (9)(C) by striking out ``and'' at the end
thereof;
(2) in paragraph (10)(C) by striking out the period and
inserting in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new
paragraphs:
``(11) a listing of any increase in the burden imposed on
the public during the year covered by the report resulting from
a collection of information conducted or sponsored by or for an
agency, which was imposed by such agency--
``(A) as specifically mandated by the provision of
a statute; or
``(B) as necessary to implement a statutory
requirement, which requirement shall be identified with
particularity; and
``(12) a description of each such agency's efforts in
implementing, and plans to implement, the applicable policies,
standards and guidelines with respect to the functions under
this chapter; and
``(13) a strategic information resources management plan
for the Federal Government, developed in consultation with the
Administrator of General Services, the Secretary of Commerce,
and the Archivist of the United States, that includes an
analysis of cross-cutting issues of Governmentwide
importance.''.
SEC. 604. AUTOMATIC DATA PROCESSING EQUIPMENT PLAN.
Section 3504(g) of title 44, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) developing and annually revising, in consultation
with the Administrator of General Services, a 5-year plan for
meeting the automatic data processing equipment (including
telecommunications) and other information technology 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;''.
SEC. 605. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definitions.--Section 3502(10) of title 44, United States Code,
is amended by striking out ``the Federal Housing Finance Board'' and
inserting in lieu thereof ``Federal Housing Finance Board''.
(b) Review Periods.--Section 3507(g)(1) of title 44, United States
Code, is amended to read as follows: ``(1) is needed prior to the
expiration of the time periods for public notice and review by the
Director pursuant to the requirements of this chapter,''.
(c) Director Review.--Section 3513(a) of title 44, United States
Code, is amended in the first sentence by inserting ``resources'' after
``information''.
(d) Responsiveness.--Section 3514(a) of title 44, United States
Code, is amended--
(1) in paragraph (9)(A) by inserting ``and'' at the end
thereof;
(2) in paragraph (9)(B) by striking out the semicolon and
inserting a period; and
(3) by striking out paragraph (9)(C).
TITLE VII--EFFECTIVE DATES
SEC. 701. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act shall become effective 120 days after the date
of the enactment of this Act.
(b) In Particular.--Section 101 shall become effective upon the
date of the enactment of this Act.
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