[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 560 Referred in House (RFH)]
103d CONGRESS
2d Session
S. 560
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 1994
Referred to the Committee on Government Operations
_______________________________________________________________________
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.
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 1994''.
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,
maintained, 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;
``(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' 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--
``(A) 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
``(B) answers to questions posed to agencies,
instrumentalities, or employees of the United States
which are to be used for general statistical purposes;
``(4) the term `Director' means the Director of the Office
of Management and Budget;
``(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;
``(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 and processes, automated or manual,
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) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(a)(2));
``(10) the term `person' means an individual, partnership,
association, corporation, business trust, or legal
representative, an organized group of individuals, a State,
territorial, or local government or branch thereof, or a
political subdivision of a State, territory, 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; and
``(13) the term `recordkeeping requirement' means a
requirement imposed by or for an agency on persons to maintain
specified records.
``Sec. 3503. 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.
``(c) The Administrator and employees of the Office of Information
and Regulatory Affairs shall be appointed with special attention to
professional qualifications required to administer the functions of the
Office described under this chapter. Such qualifications shall include
relevant education, work experience, or related professional
activities.
``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 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 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 proposed agency collections of information,
and in accordance with section 3508, determine whether the
collection of information by or for an agency is necessary for
the proper performance of the functions of the agency,
including whether the information shall have practical utility;
``(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 and acquisition 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;
``(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) 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
``(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) 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) 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));
``(2) monitor the effectiveness of, and compliance with,
directives issued under sections 110 and 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 757
and 759) and review proposed determinations under section
111(e) of such Act;
``(3) coordinate the development and review by the Office
of Information and Regulatory Affairs of 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
``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 five percent, 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;
``(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--
``(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 requirements of sections 110 and 111
of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757 and 759),
and the purposes of this chapter; and
``(C) a description of progress in applying
information resources management to improve agency
performance and the accomplishment of missions; and
``(4) in cooperation with the Administrator of General
Services, issue guidelines for the establishment and operation
in each agency of a process, as required under section
3506(h)(5) of this chapter, to review major information systems
initiatives, including acquisition and use of information
technology.
``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) Except as provided under subparagraph (B), the head of
each agency shall designate a senior official who shall report directly
to such agency head to carry out the responsibilities of the agency
under this chapter.
``(B) The Secretary of the Department of Defense and the Secretary
of each military department may each designate a senior official 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 for the military departments, the respective
duties of the officials shall be clearly delineated.
``(3) The senior official designated under paragraph (2) shall head
an office responsible for ensuring agency 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.
``(5) The head of each agency shall establish a permanent
information resources management steering committee, which shall be
chaired by the senior official designated under paragraph (2) and shall
include senior program officials and the Chief Financial Officer (or
comparable official). Each steering committee shall--
``(A) assist and advise the head of the agency in carrying
out information resources management responsibilities of the
agency;
``(B) assist and advise the senior official designated
under paragraph (2) in the establishment of performance
measures for information resources management that relate to
program missions;
``(C) select, control, and evaluate all major information
system initiatives (including acquisitions of information
technology) in accordance with the requirements of subsection
(h)(5); and
``(D) identify opportunities to redesign business practices
and supporting information systems to improve agency
performance.
``(b) With respect to general information resources management,
each agency shall--
``(1) develop information systems, processes, and
procedures to--
``(A) reduce information collection burdens on the
public;
``(B) increase program efficiency and
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) develop and maintain an integrated,
comprehensive and controlled process of information
systems selection, development, and evaluation;
``(C) 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
``(D) 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;
``(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) contains a statement to inform the
person receiving the collection of
information--
``(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; and
``(IV) whether responses to the
collection of information are
voluntary, required to obtain a
benefit, or mandatory; and
``(C) assess the information collection burden of
proposed legislation affecting the agency;
``(2)(A) except as provided under subparagraph (B), provide
60-day notice in the Federal Register, and otherwise consult
with members of the public and affected agencies concerning
each proposed collection of information, to solicit comment
to--
``(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) 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, 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) contains the statement required under
paragraph (1)(B)(iii);
``(G) 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;
``(H) uses effective and efficient statistical
survey methodology appropriate to the purpose for which
the information is to be collected; and
``(I) to the maximum extent practicable, uses
information technology to reduce burden and improve
data quality, agency efficiency and responsiveness to
the public.
``(d) With respect to information dissemination, each agency
shall--
``(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, and
``(B) 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; and
``(3) not, except where specifically authorized by
statute--
``(A) establish an exclusive, restricted, or other
distribution arrangement that interferes with timely
and equitable availability of public information to the
public;
``(B) restrict or regulate the use, resale, or
redissemination of public information by the public;
``(C) charge fees or royalties for resale or
redissemination of public information; or
``(D) establish user fees for public 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) 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) 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) 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 any
acquisitions made pursuant to a delegation of authority under
section 111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759);
``(3) promote the use of information technology by the
agency to improve the productivity, efficiency, and
effectiveness of agency programs, including the reduction of
information collection burdens on the public and improved
dissemination of public information;
``(4) propose changes in legislation, regulations, and
agency procedures to improve information technology practices,
including changes that improve the ability of the agency to use
technology to reduce burden; and
``(5) establish, and be responsible for, a major
information system initiative review process, which shall be
developed and implemented by the information resources
management steering committee established under subsection
(a)(5), consistent with guidelines issued under section
3505(4), and include--
``(A) the review of major information system
initiative proposals and projects (including
acquisitions of information technology), approval or
disapproval of each such initiative, and periodic
reviews of the development and implementation of such
initiatives, including whether the projected benefits
have been achieved;
``(B) the use by the committee of specified
evaluative techniques and criteria to--
``(i) assess the economy, efficiency,
effectiveness, risks, and priority of system
initiatives in relation to mission needs and
strategies;
``(ii) estimate and verify life-cycle
system initiative costs; and
``(iii) assess system initiative privacy,
security, records management, and dissemination
and access capabilities;
``(C) the use, as appropriate, of independent cost
evaluations of data developed under subparagraph (B);
and
``(D) the inclusion of relevant information about
approved initiatives in the agency's annual budget
request.
``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) 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.
``(3) If the Director does not notify the agency of a denial or
approval within the 60-day period described under paragraph (2)--
``(A) the approval may be inferred;
``(B) a control number shall be assigned without further
delay; and
``(C) the agency may collect the information for not more
than 2 years.
``(d)(1) For any proposed collection of information contained in a
proposed rule--
``(A) as soon as practicable, but no later than the date of
publication of a notice of proposed rulemaking in the Federal
Register, each agency shall forward to the Director a copy of
any proposed rule which contains a collection of information
and any information requested by the Director necessary to make
the determination required under this subsection; and
``(B) within 60 days after the notice of proposed
rulemaking is published in the Federal Register, the Director
may file public comments pursuant to the standards set forth in
section 3508 on the collection of information contained in the
proposed rule;
``(2) When a final rule is published in the Federal 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.
``(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 Office of the Director,
the Administrator of the Office of Information and Regulatory Affairs,
or any employee of the Office of Information and Regulatory Affairs and
an agency or 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 has not been 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 an independent
regulatory agency; or
``(B) an exercise of authority under subsection (d) of
section 3507 concerning such an agency.
``(2) The agency shall certify each vote to void such disapproval
or exercise to the Director, and explain the 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) 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 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
collection of information prior to expiration of time periods
established under this chapter, if an agency head determines that--
``(A) a collection of information--
``(i) is needed prior to the expiration of such
time periods; and
``(ii) is essential to the mission of the agency;
and
``(B) the agency cannot reasonably comply with the
provisions of this chapter within such time periods because--
``(i) public harm is reasonably likely to result if
normal clearance procedures are followed; or
``(ii) an unanticipated event has occurred and the
use of normal clearance procedures is reasonably likely
to prevent or disrupt the collection of information
related to the event 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 or to submit
statements in writing. To the extent that the Director determines that
the collection of information by an agency is unnecessary for the
proper performance of the functions of the agency, for any reason, the
agency may not engage in the collection of information.
``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 which 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
``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) 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 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.
``Sec. 3512. Public protection
``Notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to maintain, provide, or disclose
information to or for any agency or person if the applicable collection
of information--
``(1) was made after December 31, 1981; and
``(2)(A) does not display a valid control number assigned
by the Director; or
``(B) fails to state that such collection is not subject to
this chapter.
``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
``(B) submit a report on such activities to the President
of the Senate and the Speaker of the House of Representatives
annually and at such other times as the Director determines
necessary.
``(2) The Director shall include in any such report a description
of the extent to which agencies have--
``(A) reduced information collection burdens on the public,
including--
``(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; and
``(iii) a list of any increase in the collection of
information burden, including the authority for each
such collection;
``(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, the 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--
``(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 4-206 of Executive Order No. 12036, issued
January 24, 1978, 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 Information 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
``(a) Subject to subsection (b), 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 1995, 1996, 1997, 1998, and
1999.
``(b)(1) No funds may be appropriated pursuant to subsection (a)
unless such funds are appropriated in an appropriation Act (or
continuing resolution) which separately and expressly states the amount
appropriated pursuant to subsection (a) of this section.
``(2) No funds are authorized to be appropriated to the Office of
Information and Regulatory Affairs, or to any other officer or
administrative unit of the Office of Management and Budget, to carry
out the provisions of this chapter, or to carry out any function under
this chapter, for any fiscal year pursuant to any provision of law
other than subsection (a) of this section.''.
SEC. 3. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall take effect on March 31, 1995.
Passed the Senate October 6 (legislative day, September
12), 1994.
Attest:
MARTHA S. POPE,
Secretary.