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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-99
_______________________________________________________________________


 
                    PAPERWORK REDUCTION ACT OF 1995

                                _______


                 April 3, 1995.--Ordered to be printed

_______________________________________________________________________


 Mr. Clinger, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 244]
      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the House to the bill (S. 
244), 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, having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the Senate recede from its disagreement to the 
amendment of the House and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment, insert the following:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paperwork Reduction Act of 
1995''.

SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.

    Chapter 35 of title 44, United States Code, is amended to 
read as follows:

        ``CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
``Sec.
``3501. Purposes.
``3502. Definitions.
``3503. Office of Information and Regulatory Affairs.
``3504. Authority and functions of Director.
``3505. Assignment of tasks and deadlines.
``3506. Federal agency responsibilities.
``3507. Public information collection activities; submission to 
          Director; approval and delegation.
``3508. Determination of necessity for information; hearing.
``3509. Designation of central collection agency.
``3510. Cooperation of agencies in making information available.
``3511. Establishment and operation of Government Information Locator 
          Service.
``3512. Public protection.
``3513. Director review of agency activities; reporting; agency 
          response.
``3514. Responsiveness to Congress.
``3515. Administrative powers.
``3516. Rules and regulations.
``3517. Consultation with other agencies and the public.
``3518. Effect on existing laws and regulations.
``3519. Access to information.
``3520. Authorization of appropriations.
``Sec. 3501. Purposes

    ``The purposes of this chapter are to--
            ``(1) minimize the paperwork burden for 
        individuals, small businesses, educational and 
        nonprofit institutions, Federal contractors, State, 
        local and tribal governments, and other persons 
        resulting from the collection of information by or for 
        the Federal Government;
            ``(2) ensure the greatest possible public benefit 
        from and maximize the utility of information created, 
        collected, 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'--
                    ``(A) means the obtaining, causing to be 
                obtained, soliciting, or requiring the 
                disclosure to third parties or the public, of 
                facts or opinions by or for an agency, 
                regardless of form or format, calling for 
                either--
                            ``(i) answers to identical 
                        questions posed to, or identical 
                        reporting or recordkeeping requirements 
                        imposed on, ten or more persons, other 
                        than agencies, instrumentalities, or 
                        employees of the United States; or
                            ``(ii) answers to questions posed 
                        to agencies, instrumentalities, or 
                        employees of the United States which 
                        are to be used for general statistical 
                        purposes; and
                    ``(B) shall not include a collection of 
                information described under section 3518(c)(1);
            ``(4) the term `Director' means the Director of the 
        Office of Management and Budget;
            ``(5) the term `independent regulatory agency' 
        means the Board of Governors of the Federal Reserve 
        System, the Commodity Futures Trading Commission, the 
        Consumer Product Safety Commission, the Federal 
        Communications Commission, the Federal Deposit 
        Insurance Corporation, the Federal Energy Regulatory 
        Commission, the Federal Housing Finance Board, the 
        Federal Maritime Commission, the Federal Trade 
        Commission, the Interstate Commerce Commission, the 
        Mine Enforcement Safety and Health Review Commission, 
        the National Labor Relations Board, the Nuclear 
        Regulatory Commission, the Occupational Safety and 
        Health Review Commission, the Postal Rate Commission, 
        the Securities and Exchange Commission, and any other 
        similar agency designated by statute as a Federal 
        independent regulatory agency or commission;
            ``(6) the term `information resources' means 
        information and related resources, such as personnel, 
        equipment, funds, and information technology;
            ``(7) the term `information resources management' 
        means the process of managing information resources to 
        accomplish agency missions and to improve agency 
        performance, including through the reduction of 
        information collection burdens on the public;
            ``(8) the term `information system' means a 
        discrete set of information resources organized for the 
        collection, processing, maintenance, use, sharing, 
        dissemination, or disposition of information;
            ``(9) the term `information technology' has the 
        same meaning as the term `automatic data processing 
        equipment' as defined by section 111(a) (2) and (3)(C) 
        (i) through (v) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 759(a) 
        (2) and (3)(C) (i) through (v));
            ``(10) the term `person' means an individual, 
        partnership, association, corporation, business trust, 
        or legal representative, an organized group of 
        individuals, a State, territorial, tribal, or local 
        government or branch thereof, or a political 
        subdivision of a State, territory, tribal, or local 
        government or a branch of a political subdivision;
            ``(11) the term `practical utility' means the 
        ability of an agency to use information, particularly 
        the capability to process such information in a timely 
        and useful fashion;
            ``(12) the term `public information' means any 
        information, regardless of form or format, that an 
        agency discloses, disseminates, or makes available to 
        the public;
            ``(13) the term `recordkeeping requirement' means a 
        requirement imposed by or for an agency on persons to 
        maintain specified records, including a requirement 
        to--
                    ``(A) retain such records;
                    ``(B) notify third parties, the Federal 
                Government, or the public of the existence of 
                such records;
                    ``(C) disclose such records to third 
                parties, the Federal Government, or the public; 
                or
                    ``(D) report to third parties, the Federal 
                Government, or the public regarding such 
                records; and
            ``(14) the term `penalty' includes the imposition 
        by an agency or court of a fine or other punishment; a 
        judgment for monetary damages or equitable relief; or 
        the revocation, suspension, reduction, or denial of a 
        license, privilege, right, grant, or benefit.

``Sec. 3503. 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.

``Sec. 3504. Authority and functions of Director

    ``(a)(1) The Director shall oversee the use of information 
resources to improve the efficiency and effectiveness of 
governmental operations to serve agency missions, including 
burden reduction and service delivery to the public. In 
performing such oversight, the Director shall--
            ``(A) develop, coordinate and oversee the 
        implementation of Federal information resources 
        management policies, principles, standards, and 
        guidelines; and
            ``(B) provide direction and oversee--
                    ``(i) the review and approval of the 
                collection of information and the reduction of 
                the information collection burden;
                    ``(ii) agency dissemination of and public 
                access to information;
                    ``(iii) statistical activities;
                    ``(iv) records management activities;
                    ``(v) privacy, confidentiality, security, 
                disclosure, and sharing of information; and
                    ``(vi) the acquisition and use of 
                information technology.
    ``(2) The authority of the Director under this chapter 
shall be exercised consistent with applicable law.
    ``(b) With respect to general information resources 
management policy, the Director shall--
            ``(1) develop and oversee the implementation of 
        uniform information resources management policies, 
        principles, standards, and guidelines;
            ``(2) foster greater sharing, dissemination, and 
        access to public information, including through--
                    ``(A) the use of the Government Information 
                Locator Service; and
                    ``(B) the development and utilization of 
                common standards for information collection, 
                storage, processing and communication, 
                including standards for security, 
                interconnectivity and interoperability;
            ``(3) initiate and review proposals for changes in 
        legislation, regulations, and agency procedures to 
        improve information resources management practices;
            ``(4) oversee the development and implementation of 
        best practices in information resources management, 
        including training; and
            ``(5) oversee agency integration of program and 
        management functions with information resources 
        management functions.
    ``(c) With respect to the collection of information and the 
control of paperwork, the Director shall--
            ``(1) review and approve proposed agency 
        collections of information;
            ``(2) coordinate the review of the collection of 
        information associated with Federal procurement and 
        acquisition by the Office of Information and Regulatory 
        Affairs with the Office of Federal Procurement Policy, 
        with particular emphasis on applying information 
        technology to improve the efficiency and effectiveness 
        of Federal procurement, acquisition and payment, and to 
        reduce information collection burdens on the public;
            ``(3) minimize the Federal information collection 
        burden, with particular emphasis on those individuals 
        and entities most adversely affected;
            ``(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);
            ``(3) coordinate the development and review by the 
        Office of Information and Regulatory Affairs of policy 
        associated with Federal procurement and acquisition of 
        information technology with the Office of Federal 
        Procurement Policy;
            ``(4) ensure, through the review of agency budget 
        proposals, information resources management plans and 
        other means--
                    ``(A) agency integration of information 
                resources management plans, program plans and 
                budgets for acquisition and use of information 
                technology; and
                    ``(B) the efficiency and effectiveness of 
                inter-agency information technology initiatives 
                to improve agency performance and the 
                accomplishment of agency missions; and
            ``(5) promote the use of information technology by 
        the Federal Government to improve the productivity, 
        efficiency, and effectiveness of Federal programs, 
        including through dissemination of public information 
        and the reduction of information collection burdens on 
        the public.

``Sec. 3505. Assignment of tasks and deadlines

    ``(a) In carrying out the functions under this chapter, the 
Director shall--
            ``(1) in consultation with agency heads, set an 
        annual Governmentwide goal for the reduction of 
        information collection burdens by at least 10 percent 
        during each of fiscal years 1996 and 1997 and 5 percent 
        during each of fiscal years 1998, 1999, 2000, and 2001, 
        and set annual agency goals to--
                    ``(A) reduce information collection burdens 
                imposed on the public that--
                            ``(i) represent the maximum 
                        practicable opportunity in each agency; 
                        and
                            ``(ii) are consistent with 
                        improving agency management of the 
                        process for the review of collections 
                        of information established under 
                        section 3506(c); and
                    ``(B) improve information resources 
                management in ways that increase the 
                productivity, efficiency and effectiveness of 
                Federal programs, including service delivery to 
                the public;
            ``(2) with selected agencies and non-Federal 
        entities on a voluntary basis, conduct pilot projects 
        to test alternative policies, practices, regulations, 
        and procedures to fulfill the purposes of this chapter, 
        particularly with regard to minimizing the Federal 
        information collection burden; and
            ``(3) in consultation with the Administrator of 
        General Services, the Director of the National 
        Institute of Standards and Technology, the Archivist of 
        the United States, and the Director of the Office of 
        Personnel Management, develop and maintain a 
        Governmentwide strategic plan for information resources 
        management, that shall include--
                    ``(A) a description of the objectives and 
                the means by which the Federal Government shall 
                apply information resources to improve agency 
                and program performance;
                    ``(B) plans for--
                            ``(i) reducing information burdens 
                        on the public, including reducing such 
                        burdens through the elimination of 
                        duplication and meeting shared data 
                        needs with shared resources;
                            ``(ii) enhancing public access to 
                        and dissemination of, information, 
                        using electronic and other formats; and
                            ``(iii) meeting the information 
                        technology needs of the Federal 
                        Government in accordance with the 
                        purposes of this chapter; and
                    ``(C) a description of progress in applying 
                information resources management to improve 
                agency performance and the accomplishment of 
                missions.
    ``(b) For purposes of any pilot project conducted under 
subsection (a)(2), the Director may, after consultation with 
the agency head, waive the application of any administrative 
directive issued by an agency with which the project is 
conducted, including any directive requiring a collection of 
information, after giving timely notice to the public and the 
Congress regarding the need for such waiver.

``Sec. 3506. Federal agency responsibilities

    ``(a)(1) The head of each agency shall be responsible for--
            ``(A) carrying out the agency's information 
        resources management activities to improve agency 
        productivity, efficiency, and effectiveness; and
            ``(B) complying with the requirements of this 
        chapter and related policies established by the 
        Director.
    ``(2)(A) 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 senior 
officials who shall report directly to such Secretary to carry 
out the responsibilities of the department under this chapter. 
If more than one official is designated, the respective duties 
of the officials shall be clearly delineated.
    ``(3) The senior official designated under paragraph (2) 
shall head an office responsible for ensuring agency compliance 
with and prompt, efficient, and effective implementation of the 
information policies and information resources management 
responsibilities established under this chapter, including the 
reduction of information collection burdens on the public. The 
senior official and employees of such office shall be selected 
with special attention to the professional qualifications 
required to administer the functions described under this 
chapter.
    ``(4) Each agency program official shall be responsible and 
accountable for information resources assigned to and 
supporting the programs under such official. In consultation 
with the senior official designated under paragraph (2) and the 
agency Chief Financial Officer (or comparable official), each 
agency program official shall define program information needs 
and develop strategies, systems, and capabilities to meet those 
needs.
    ``(b) With respect to general information resources 
management, each agency shall--
            ``(1) manage information resources to--
                    ``(A) reduce information collection burdens 
                on the public;
                    ``(B) increase program efficiency and 
                effectiveness; and
                    ``(C) improve the integrity, quality, and 
                utility of information to all users within and 
                outside the agency, including capabilities for 
                ensuring dissemination of public information, 
                public access to government information, and 
                protections for privacy and security;
            ``(2) in accordance with guidance by the Director, 
        develop and maintain a strategic information resources 
        management plan that shall describe how information 
        resources management activities help accomplish agency 
        missions;
            ``(3) develop and maintain an ongoing process to--
                    ``(A) ensure that information resources 
                management operations and decisions are 
                integrated with organizational planning, 
                budget, financial management, human resources 
                management, and program decisions;
                    ``(B) in cooperation with the agency Chief 
                Financial Officer (or comparable official), 
                develop a full and accurate accounting of 
                information technology expenditures, related 
                expenses, and results; and
                    ``(C) establish goals for improving 
                information resources management's contribution 
                to program productivity, efficiency, and 
                effectiveness, methods for measuring progress 
                towards those goals, and clear roles and 
                responsibilities for achieving those goals;
            ``(4) in consultation with the Director, the 
        Administrator of General Services, and the Archivist of 
        the United States, maintain a current and complete 
        inventory of the agency's information resources, 
        including directories necessary to fulfill the 
        requirements of section 3511 of this chapter; and
            ``(5) in consultation with the Director and the 
        Director of the Office of Personnel Management, conduct 
        formal training programs to educate agency program and 
        management officials about information resources 
        management.
    ``(c) With respect to the collection of information and the 
control of paperwork, each agency shall--
            ``(1) establish a process within the office headed 
        by the official designated under subsection (a), that 
        is sufficiently independent of program responsibility 
        to evaluate fairly whether proposed collections of 
        information should be approved under this chapter, to--
                    ``(A) review each collection of information 
                before submission to the Director for review 
                under this chapter, including--
                            ``(i) an evaluation of the need for 
                        the collection of information;
                            ``(ii) a functional description of 
                        the information to be collected;
                            ``(iii) a plan for the collection 
                        of the information;
                            ``(iv) a specific, objectively 
                        supported estimate of burden;
                            ``(v) a test of the collection of 
                        information through a pilot program, if 
                        appropriate; and
                            ``(vi) a plan for the efficient and 
                        effective management and use of the 
                        information to be collected, including 
                        necessary resources;
                    ``(B) ensure that each information 
                collection--
                            ``(i) is inventoried, displays a 
                        control number and, if appropriate, an 
                        expiration date;
                            ``(ii) indicates the collection is 
                        in accordance with the clearance 
                        requirements of section 3507; and
                            ``(iii) informs the person 
                        receiving the collection of information 
                        of--
                                    ``(I) the reasons the 
                                information is being collected;
                                    ``(II) the way such 
                                information is to be used;
                                    ``(III) an estimate, to the 
                                extent practicable, of the 
                                burden of the collection;
                                    ``(IV) whether responses to 
                                the collection of information 
                                are voluntary, required to 
                                obtain a benefit, or mandatory; 
                                and
                                    ``(V) the fact that an 
                                agency may not conduct or 
                                sponsor, and a person is not 
                                required to respond to, a 
                                collection of information 
                                unless it displays a valid 
                                control number; and
                    ``(C) assess the information collection 
                burden of proposed legislation affecting the 
                agency;
            ``(2)(A) except as provided under subparagraph (B) 
        or section 3507(j), provide 60-day notice in the 
        Federal Register, and otherwise consult with members of 
        the public and affected agencies concerning each 
        proposed collection of information, to solicit comment 
        to--
                    ``(i) evaluate whether the proposed 
                collection of information is necessary for the 
                proper performance of the functions of the 
                agency, including whether the information shall 
                have practical utility;
                    ``(ii) evaluate the accuracy of the 
                agency's estimate of the burden of the proposed 
                collection of information;
                    ``(iii) enhance the quality, utility, and 
                clarity of the information to be collected; and
                    ``(iv) minimize the burden of the 
                collection of information on those who are to 
                respond, including through the use of automated 
                collection techniques or other forms of 
                information technology; and
            ``(B) 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) indicates for each recordkeeping 
                requirement the length of time persons are 
                required to maintain the records specified;
                    ``(G) contains the statement required under 
                paragraph (1)(B)(iii);
                    ``(H) has been developed by an office that 
                has planned and allocated resources for the 
                efficient and effective management and use of 
                the information to be collected, including the 
                processing of the information in a manner which 
                shall enhance, where appropriate, the utility 
                of the information to agencies and the public;
                    ``(I) uses effective and efficient 
                statistical survey methodology appropriate to 
                the purpose for which the information is to be 
                collected; and
                    ``(J) to the maximum extent practicable, 
                uses information technology to reduce burden 
                and improve data quality, agency efficiency and 
                responsiveness to the public.
    ``(d) With respect to information dissemination, each 
agency shall--
            ``(1) ensure that the public has timely and 
        equitable access to the agency's public information, 
        including ensuring such access through--
                    ``(A) encouraging a diversity of public and 
                private sources for information based on 
                government public information;
                    ``(B) in cases in which the agency provides 
                public information maintained in electronic 
                format, providing timely and equitable access 
                to the underlying data (in whole or in part); 
                and
                    ``(C) agency dissemination of public 
                information in an efficient, effective, and 
                economical manner;
            ``(2) regularly solicit and consider public input 
        on the agency's information dissemination activities;
            ``(3) provide adequate notice when initiating, 
        substantially modifying, or terminating significant 
        information dissemination products; and
            ``(4) not, except where specifically authorized by 
        statute--
                    ``(A) establish an exclusive, restricted, 
                or other distribution arrangement that 
                interferes with timely and equitable 
                availability of public information to the 
                public;
                    ``(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 
        information technology investments;
            ``(3) promote the use of information technology by 
        the agency to improve the productivity, efficiency, and 
        effectiveness of agency programs, including the 
        reduction of information collection burdens on the 
        public and improved dissemination of public 
        information;
            ``(4) propose changes in legislation, regulations, 
        and agency procedures to improve information technology 
        practices, including changes that improve the ability 
        of the agency to use technology to reduce burden; and
            ``(5) assume responsibility for maximizing the 
        value and assessing and managing the risks of major 
        information systems initiatives through a process that 
        is--
                    ``(A) integrated with budget, financial, 
                and program management decisions; and
                    ``(B) used to select, control, and evaluate 
                the results of major information systems 
                initiatives.

``Sec. 3507. Public information collection activities; submission to 
                    Director; approval and delegation

    ``(a) An agency shall not conduct or sponsor the collection 
of information unless in advance of the adoption or revision of 
the collection of information--
            ``(1) the agency has--
                    ``(A) conducted the review established 
                under section 3506(c)(1);
                    ``(B) evaluated the public comments 
                received under section 3506(c)(2);
                    ``(C) submitted to the Director the 
                certification required under section 
                3506(c)(3), the proposed collection of 
                information, copies of pertinent statutory 
                authority, regulations, and other related 
                materials as the Director may specify; and
                    ``(D) 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 1 year.
    ``(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 Administrator 
of the Office of Information and Regulatory Affairs, or any 
employee of the Office of Information and Regulatory Affairs, 
and an agency or person not employed by the Federal Government 
concerning a proposed collection of information shall be made 
available to the public.
    ``(3) This subsection shall not require the disclosure of--
            ``(A) any information which is protected at all 
        times by procedures established for information which 
        has been specifically authorized under criteria 
        established by an Executive order or an Act of Congress 
        to be kept secret in the interest of national defense 
        or foreign policy; or
            ``(B) any communication relating to a collection of 
        information which is not approved under this chapter, 
        the disclosure of which could lead to retaliation or 
        discrimination against the communicator.
    ``(f)(1) An independent regulatory agency which is 
administered by 2 or more members of a commission, board, or 
similar body, may by majority vote void--
            ``(A) any disapproval by the Director, in whole or 
        in part, of a proposed collection of information of 
        that agency; or
            ``(B) an exercise of authority under subsection (d) 
        of section 3507 concerning that agency.
    ``(2) The agency shall certify each vote to void such 
disapproval or exercise to the Director, and explain the 
reasons for such vote. The Director shall without further delay 
assign a control number to such collection of information, and 
such vote to void the disapproval or exercise shall be valid 
for a period of 3 years.
    ``(g) The Director may not approve a collection of 
information for a period in excess of 3 years.
    ``(h)(1) If an agency decides to seek extension of the 
Director's approval granted for a currently approved collection 
of information, the agency shall--
            ``(A) conduct the review established under section 
        3506(c), including the seeking of comment from the 
        public on the continued need for, and burden imposed by 
        the collection of information; and
            ``(B) after having made a reasonable effort to seek 
        public comment, but no later than 60 days before the 
        expiration date of the control number assigned by the 
        Director for the currently approved collection of 
        information, submit the collection of information for 
        review and approval under this section, which shall 
        include an explanation of how the agency has used the 
        information that it has collected.
    ``(2) If under the provisions of this section, the Director 
disapproves a collection of information contained in an 
existing rule, or recommends or instructs the agency to make a 
substantive or material change to a collection of information 
contained in an existing rule, the Director shall--
            ``(A) 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 a collection of information, if an agency head 
determines that--
            ``(A) a collection of information--
                    ``(i) is needed prior to the expiration of 
                time periods established under this chapter; 
                and
                    ``(ii) is essential to the mission of the 
                agency; and
            ``(B) the agency cannot reasonably comply with the 
        provisions of this chapter because--
                    ``(i) public harm is reasonably likely to 
                result if normal clearance procedures are 
                followed;
                    ``(ii) an unanticipated event has occurred; 
                or
                    ``(iii) the use of normal clearance 
                procedures is reasonably likely to prevent or 
                disrupt the collection of information or is 
                reasonably likely to cause a statutory or court 
                ordered deadline to be missed.
    ``(2) The Director shall approve or disapprove any such 
authorization request within the time requested by the agency 
head and, if approved, shall assign the collection of 
information a control number. Any collection of information 
conducted under this subsection may be conducted without 
compliance with the provisions of this chapter for a maximum of 
90 days after the date on which the Director received the 
request to authorize such collection.
``Sec. 3508. Determination of necessity for information; hearing

    ``Before approving a proposed collection of information, 
the Director shall determine whether the collection of 
information by the agency is necessary for the proper 
performance of the functions of the agency, including whether 
the information shall have practical utility. Before making a 
determination the Director may give the agency and other 
interested persons an opportunity to be heard or to submit 
statements in writing. To the extent, if any, that the Director 
determines that the collection of information by an agency is 
unnecessary for any reason, the agency may not engage in the 
collection of information.

``Sec. 3509. Designation of central collection agency

    ``The Director may designate a central collection agency to 
obtain information for two or more agencies if the Director 
determines that the needs of such agencies for information will 
be adequately served by a single collection agency, and such 
sharing of data is not inconsistent with applicable law. In 
such cases the Director shall prescribe (with reference to the 
collection of information) the duties and functions of the 
collection agency so designated and of the agencies for which 
it is to act as agent (including reimbursement for costs). 
While the designation is in effect, an agency covered by the 
designation may not obtain for itself information for the 
agency which is the duty of the collection agency to obtain. 
The Director may modify the designation from time to time as 
circumstances require. The authority to designate under this 
section is subject to the provisions of section 3507(f) of this 
chapter.

``Sec. 3510. Cooperation of agencies in making information available

    ``(a) The Director may direct an agency to make available 
to another agency, or an agency may make available to another 
agency, information obtained by a collection of information if 
the disclosure is not inconsistent with applicable law.
    ``(b)(1) If information obtained by an agency is released 
by that agency to another agency, all the provisions of law 
(including penalties) that relate to the unlawful disclosure of 
information apply to the officers and employees of the agency 
to which information is released to the same extent and in the 
same manner as the provisions apply to the officers and 
employees of the agency which originally obtained the 
information.
    ``(2) The officers and employees of the agency to which the 
information is released, in addition, shall be subject to the 
same provisions of law, including penalties, relating to the 
unlawful disclosure of information as if the information had 
been collected directly by that agency.

``Sec. 3511. Establishment and operation of Government Information 
                    Locator Service

    ``(a) In order to assist agencies and the public in 
locating information and to promote information sharing and 
equitable access by the public, the Director shall--
            ``(1) cause to be established and maintained a 
        distributed agency-based electronic Government 
        Information Locator Service (hereafter in this section 
        referred to as the `Service'), which shall identify the 
        major information systems, holdings, and dissemination 
        products of each agency;
            ``(2) require each agency to establish and maintain 
        an agency information locator service as a component 
        of, and to support the establishment and operation of 
        the Service;
            ``(3) 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.
    ``(b) This section shall not apply to operational files as 
defined by the Central Intelligence Agency Information Act (50 
U.S.C. 431 et seq.).

``Sec. 3512. Public protection

    ``(a) Notwithstanding any other provision of law, no person 
shall be subject to any penalty for failing to comply with a 
collection of information that is subject to this chapter if--
            ``(1) the collection of information does not 
        display a valid control number assigned by the Director 
        in accordance with this chapter; or
            ``(2) the agency fails to inform the person who is 
        to respond to the collection of information that such 
        person is not required to respond to the collection of 
        information unless it displays a valid control number.
    ``(b) The protection provided by this section may be raised 
in the form of a complete defense, bar, or otherwise at any 
time during the agency administrative process or judicial 
action applicable thereto.

``Sec. 3513. Director review of agency activities; reporting; agency 
                    response

    ``(a) In consultation with the Administrator of General 
Services, the Archivist of the United States, the Director of 
the National Institute of Standards and Technology, and the 
Director of the Office of Personnel Management, the Director 
shall periodically review selected agency information resources 
management activities to ascertain the efficiency and 
effectiveness of such activities to improve agency performance 
and the accomplishment of agency missions.
    ``(b) Each agency having an activity reviewed under 
subsection (a) shall, within 60 days after receipt of a report 
on the review, provide a written plan to the Director 
describing steps (including milestones) to--
            ``(1) be taken to address information resources 
        management problems identified in the report; and
            ``(2) improve agency performance and the 
        accomplishment of agency missions.

``Sec. 3514. Responsiveness to Congress

    ``(a)(1) The Director shall--
            ``(A) keep the Congress and congressional 
        committees fully and currently informed of the major 
        activities under this chapter; and
            ``(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;
                    ``(iii) a list of any increase in the 
                collection of information burden, including the 
                authority for each such collection; and
                    ``(iv) a list of agencies that in the 
                preceding year did not reduce information 
                collection burdens in accordance with section 
                3505(a)(1), a list of the programs and 
                statutory responsibilities of those agencies 
                that precluded that reduction, and 
                recommendations to assist those agencies to 
                reduce information collection burdens in 
                accordance with that section;
            ``(B) improved the quality and utility of 
        statistical information;
            ``(C) improved public access to Government 
        information; and
            ``(D) improved program performance and the 
        accomplishment of agency missions through information 
        resources management.
    ``(b) The preparation of any report required by this 
section shall be based on performance results reported by the 
agencies and shall not increase the collection of information 
burden on persons outside the Federal Government.

``Sec. 3515. Administrative powers

    ``Upon the request of the Director, each agency (other than 
an independent regulatory agency) shall, to the extent 
practicable, make its services, personnel, and facilities 
available to the Director for the performance of functions 
under this chapter.

``Sec. 3516. Rules and regulations

    ``The Director shall promulgate rules, regulations, or 
procedures necessary to exercise the authority provided by this 
chapter.
``Sec. 3517. Consultation with other agencies and the public

    ``(a) In developing information resources management 
policies, plans, rules, regulations, procedures, and guidelines 
and in reviewing collections of information, the Director shall 
provide interested agencies and persons early and meaningful 
opportunity to comment.
    ``(b) Any person may request the Director to review any 
collection of information conducted by or for an agency to 
determine, if, under this chapter, a person shall maintain, 
provide, or disclose the information to or for the agency. 
Unless the request is frivolous, the Director shall, in 
coordination with the agency responsible for the collection of 
information--
            ``(1) respond to the request within 60 days after 
        receiving the request, unless such period is extended 
        by the Director to a specified date and the person 
        making the request is given notice of such extension; 
        and
            ``(2) take appropriate remedial action, if 
        necessary.

``Sec. 3518. Effect on existing laws and regulations

    ``(a) Except as otherwise provided in this chapter, the 
authority of an agency under any other law to prescribe 
policies, rules, regulations, and procedures for Federal 
information resources management activities is subject to the 
authority of the Director under this chapter.
    ``(b) Nothing in this chapter shall be deemed to affect or 
reduce the authority of the Secretary of Commerce or the 
Director of the Office of Management and Budget pursuant to 
Reorganization Plan No. 1 of 1977 (as amended) and Executive 
order, relating to telecommunications and information policy, 
procurement and management of telecommunications and 
information systems, spectrum use, and related matters.
    ``(c)(1) Except as provided in paragraph (2), this chapter 
shall not apply to the collection of information--
            ``(A) during the conduct of a Federal criminal 
        investigation or prosecution, or during the disposition 
        of a particular criminal matter;
            ``(B) during the conduct of--
                    ``(i) a civil action to which the United 
                States or any official or agency thereof is a 
                party; or
                    ``(ii) an administrative action or 
                investigation involving an agency against 
                specific individuals or entities;
            ``(C) by compulsory process pursuant to the 
        Antitrust Civil Process Act and section 13 of the 
        Federal Trade Commission Improvements Act of 1980; or
            ``(D) during the conduct of intelligence activities 
        as defined in section 3.4(e) of Executive Order No. 
        12333, issued December 4, 1981, or successor orders, or 
        during the conduct of cryptologic activities that are 
        communications security activities.
    ``(2) This chapter applies to the collection of information 
during the conduct of general investigations (other than 
information collected in an antitrust investigation to the 
extent provided in subparagraph (C) of paragraph (1)) 
undertaken with reference to a category of individuals or 
entities such as a class of licensees or an entire industry.
    ``(d) Nothing in this chapter shall be interpreted as 
increasing or decreasing the authority conferred by Public Law 
89-306 on the Administrator of the General Services 
Administration, the Secretary of Commerce, or the Director of 
the Office of Management and Budget.
    ``(e) Nothing in this chapter shall be interpreted as 
increasing or decreasing the authority of the President, the 
Office of Management and Budget or the Director thereof, under 
the laws of the United States, with respect to the substantive 
policies and programs of departments, agencies and offices, 
including the substantive authority of any Federal agency to 
enforce the civil rights laws.
``Sec. 3519. Access to information

    ``Under the conditions and procedures prescribed in section 
716 of title 31, the Director and personnel in the Office of 
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

    ``There are authorized to be appropriated to the Office of 
Information and Regulatory Affairs to carry out the provisions 
of this chapter, and for no other purpose, $8,000,000 for each 
of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.''.
SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL REPORT PROGRAM 
                    AT BUREAU OF THE CENSUS.

    Section 91 of title 13, United States Code, is amended by 
adding at the end the following new subsection:
    ``(d)(1) The Secretary shall not select an organization or 
entity for participation in a survey, if--
            ``(A) the organization or entity--
                    ``(i) has assets of less than $50,000,000;
                    ``(ii) completed participation in a prior 
                survey in the preceding 10-year period, as 
                determined by the Secretary; and
                    ``(iii) was selected for that prior survey 
                participation after September 30, 1990; or
            ``(B) the organization or entity--
                    ``(i) has assets of more than $50,000,000 
                and less than $100,000,000;
                    ``(ii) completed participation in a prior 
                survey in the preceding 2-year period, as 
                determined by the Secretary; and
                    ``(iii) was selected for that prior survey 
                participation after September 30, 1995.
    ``(2)(A) The Secretary shall furnish advice and similar 
assistance to ease the burden of a small business concern which 
is attempting to compile and furnish the business information 
required of organizations and entities participating in the 
survey.
    ``(B) To facilitate the provision of the assistance under 
subparagraph (A), the Secretary shall establish a toll-free 
telephone number.
    ``(C) The Secretary shall expand the use of statistical 
sampling techniques to select organizations and entities having 
assets less than $100,000,000 to participate in the survey.
    ``(3) The Secretary may undertake such additional paperwork 
burden reduction initiatives with respect to the conduct of the 
survey as may be deemed appropriate by the Secretary.
    ``(4) For purposes of this subsection:
            ``(A) The term `small business concern' means a 
        business concern that meets the requirements of section 
        3(a) of the Small Business Act and the regulations 
        promulgated pursuant thereto.
            ``(B) The term `survey' means the collection of 
        information by the Secretary pursuant to this section 
        for the purpose of preparing the publication entitled 
        `Quarterly Financial Report for Manufacturing, Mining, 
        and Trade Corporations'.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this 
section, this Act and the amendments made by this Act shall 
take effect on October 1, 1995.
    (b) Authorization of Appropriations.--Section 3520 of title 
44, United States Code, as amended by this Act, shall take 
effect on the date of enactment of this Act.
    (c) Delayed Application.--In the case of a collection of 
information for which there is in effect on September 30, 1995, 
a control number issued by the Office of Management and Budget 
under chapter 35 of title 44, United States Code--
            (1) the amendments made by this Act shall apply to 
        the collection of information beginning on the earlier 
        of--
                    (A) the first renewal or modification of 
                that collection of information after September 
                30, 1995; or
                    (B) the expiration of its control number 
                after September 30, 1995.
            (2) prior to such renewal, modification, or 
        expiration, the collection of information shall be 
        subject to chapter 35 of title 44, United States Code, 
        as in effect on September 30, 1995.
      And the House agree to the same.

                                   Bill Clinger,
                                   John M. McHugh,
                                   David McIntosh,
                                   Jon Fox,
                                   Cardiss Collins,
                                   Collin C. Peterson,
                                   Bob Wise,
                                 Managers on the Part of the House.

                                   William V. Roth, Jr.,
                                   Bill Cohen,
                                   Thad Cochran,
                                   John Glenn,
                                   Sam Nunn,
                                Managers on the Part of the Senate.
     JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the House to the bill (S. 244) 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 submit the following joint statement to the House and 
the Senate in explanation of the effect of the action agreed 
upon by the managers and recommended in the accompanying 
conference report: The House amendment struck all of the Senate 
bill after the enacting clause and inserted a substitute text.
      The Senate recedes from its disagreement to the amendment 
of the House with an amendment that is a substitute for the 
Senate bill and the House amendment. The differences between 
the Senate bill, the House amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor and clerical changes.
Short title (sec. 1)
      The Senate bill contained a provision (section 101) that 
would establish the short title of the title I of the Senate 
bill as the ``Paperwork Reduction Act of 1995''.
      The House amendment (section 1) contained a provision 
that would establish the short title of the act as the 
``Paperwork Reduction Act of 1995''.
      The conferees agree that the short title of the act 
should be the ``Paperwork Reduction Act of 1995''.
Coordination of Federal information policy (sec. 2)
      The Senate bill contained a provision (sec. 102) that 
would provide a complete text of chapter 35 of title 44, United 
States Code, the codified version of the Paperwork Reduction 
Act of 1980, as previously amended.
      The House amendment contained a similar provision (sec. 
2).
      The conference agreement reflects the following 
differences between the text of the Paperwork Reduction Act as 
contained in the Senate bill and the text contained in the 
House amendment.
      1. Prior Legislative History Expressly Preserved.
      Section 2 of the Paperwork Reduction Act of 1995 is 
drafted in the form of a complete recodification of chapter 35 
of title 44, United States Code, due to the number of changes 
made. The modifications include word changes made for reasons 
of clarity and consistency, the deletion of obsolete 
provisions, the reorganization of sections, and substantive 
amendments made to update and strengthen the original purposes 
of the Paperwork Reduction Act of 1980. As stated in report 
accompanying the S. 244 (S. Rpt. 104-8):
      ``To the extent the legislation is a restatement of the 
1980 Act, as amended in 1988, the scope, underlying purposes, 
basic requirements, and legislative history of the law are 
unchanged. To the extent the legislation modifies provisions in 
current law, the amendments are made strictly for the purposes 
described in this report, and in order to further the purposes 
of the original law.'' (S. Rpt. 104-4 at page 3)
      The report accompanying H.R. 830, H. Rpt. 104-37, 
expressed essentially the same views regarding the preservation 
of the Act's legislative history. (See, H. Rpt. 104-37 at page 
35).
      With respect to the views expressed in the reports 
accompanying S. 244 and H.R. 830 regarding the effect of the 
adopted format of both bills, a recodification of chapter 35 of 
title 44, United States Code, the conferees adopt and reiterate 
the positions expressed by those reports. Amendments to current 
law effected by this conference agreement are done for the 
purposes subsequently described in this Joint Explanatory 
Statement.
      2. Definition of ``collection of information''.
      The Senate bill contained a modified definition of 
``collection of information'', which included adding a cross-
reference to 35 U.S.C. 3518(c)(2) relating to the exclusion of 
certain types of collections of information from coverage under 
chapter 35 of Title 44.
      The House amendment contained no similar modification to 
existing law.
      The House recedes.
      The conferees expressly note that the addition of the 
cross-reference to 35 U.S.C. 3518(c)(2) within the definition 
of the term ``collection of information'' is not intended to 
reflect any substantive change to existing law or to serve as a 
justification for any change by Federal agencies in the use of 
the authority granted by section 3518(c)(2).
      3. Definition of ``information system''.
      The Senate bill contained an expanded definition of 
``information system''.
      The House amendment added the phrase ``and processes, 
automated or manual''.
      The House recedes.
      4. Definition of ``information technology''.
      The Senate bill contained a new definition of 
``information technology'' (44 U.S.C. 3502(9).
      The House amendment contained a similar definition that 
did not contain some of the cross-references.
      The House recedes.
      The conferees note that the definition of ``information 
technology'' contained in section 3502(9) is intended to 
preserve the exemption for intelligence and military 
information technology that is found in current law, 
specifically the definition of ``automatic data processing'', 
Section 3502(2). For the purpose of mere statutory 
simplification, the current exemption was incorporated by a 
simple reference to the so-called ``Warner Amendment'' to the 
Brooks Automatic Data Processing Act, Section 111(a)(3)(C) (i) 
through (v) of the Federal Property and Administrative Services 
Act of 1947 (40 U.S.C. 759(a)(3)(C)(i)-(v)). As under current 
section 3502(2), the exemption applies to information 
technology, the function, operation, or use of which involves 
activities specified in the ``Warner Amendment'', namely: 
intelligence activities; cryptologic activities related to 
national security; the direct command and control of military 
forces; equipment which is an integral part of a weapon or 
weapons system; or information technology that is critical to 
the direct fulfillment of military or intelligence missions 
(but excludes information technology used for routine 
administrative and business applications, such as payroll, 
finance, logistics, and personnel management).
      In this regard, the conferees note that OMB has not 
interpreted the authority granted by section 3504(f)(1) of the 
existing Paperwork Reduction Act to oversee the management of 
either classified or unclassified information which would 
typically be resident in information technology that itself is 
not subject to OMB's oversight under the Act (e.g., an 
information system which is an integral part of a weapons 
system). Given the express intent to preserve existing law 
regarding the exclusion of information technology covered by 
the so-called ``Warner Amendment'' to the Brooks Automatic Data 
Processing Act, the conferees would note that the changes made 
by this Act do not grant any new authority or diminish any 
existing authority for OMB to develop or oversee security 
policies, principles, or guidelines applicable to information 
resident in information technology subject to the ``Warner 
Amendment'' exemption. Similarly, the amendments made by this 
definition change are not intended to impair OMB's budgetary 
oversight of such information technology or its other existing 
authorities.
      With regard to the modifications being made to section 
3504(f)(3) of existing law, the conferees intend that revised 
section 3504(g)(2) continue to be implemented consistent with 
the provisions of the Computer Security Act of 1987 (40 U.S.C. 
759), which assigns to the National Institute of Standards and 
Technology responsibility for developing technical, management, 
physical, and administrative policies, principles, standards, 
and guidelines for the cost-effective security and privacy of 
sensitive information in Federal computer systems subject to 
that act.
      5. Definition of ``recordkeeping requirement''.
      The Senate bill contained a modified definition designed 
to make explicit the Act's coverage of so-called third-party 
recordkeeping requirements to correct the ambiguity that lead 
to the adverse 1990 Supreme Court decision in Dole v. United 
Steelworkers of America.
      The House amendment contained additional detail in this 
regard.
      The Senate recedes with a clarifying amendment.
      6. Office of Information and Regulatory Affairs--
Qualifications of Administrator and Employees.
      The Senate bill added a new subsection (c) to section 
3503 regarding the professional qualifications of the 
Administrator of the Office of Information and Regulatory 
Affairs (OIRA) and the employees of that office.
      The House amendment contained no similar provision.
      The Senate recedes.
      The conferees note that the purpose of this provision was 
to assure that adequate attention was given to the full range 
of responsibilities assigned to OIRA and its Administrator by 
the Paperwork Reduction Act of 1980, as amended. Such 
considerations are appropriate in the Presidential selection of 
a nominee for OIRA Administrator and in the Senate's 
consideration of that nominee, while recognizing the practical 
realities of requiring that a ``qualified'' candidate have 
substantial capabilities over the very broad range of 
responsibilities assigned to OIRA by the Act. Such practical 
considerations should also apply to the Administrator's 
selection of OIRA employees as well as the utility of having 
more narrowly focused ``subject matter specialists'' available 
on the OIRA staff.
      7. Authority and functions of the Director--Burden 
reduction as an objective of information resources management.
      The Senate bill contained a substantial modification to 
section 3504(a)(1) regarding the responsibilities of the OMB 
Director to oversee the Government's information resources with 
the objective of improving the effectiveness of Federal agency 
operations.
      The House amendment contained no similar provision.
      The House recedes with an amendment that adds to the 
Senate provision the concept that information resources 
management is also a substantial tool to minimize the burdens 
which the Government imposes on the public.
      8. Authority and functions of the Director--Approval of 
proposed collections of information.
      The Senate bill contained a modification to section 
3504(a)(1)(B)(i) relating to the authority of the OMB Director 
to review and approve (or disapprove) a collection of 
information being proposed by an agency.
      The House amendment includes a similar provision which 
retains the explicit reference to ``review and approval'' 
existing in current law.
      The Senate recedes.
      The conferees reiterate the existing interpretation of 
the authority granted to the OMB Director under section 
3504(a)(1)(B)(i): that the power to ``approve'' a proposed 
agency paperwork requirement is the power to disapprove such a 
proposed collection. This has been the consistent 
interpretation of this provision since the enactment of the 
1980 Act.
      9. Authority and functions of the Director--Standard of 
Review for Proposed Agency Collections of Information.
      The Senate bill amended section 3504(c)(1) regarding the 
OMB Director's authority to review and approve a proposed 
agency collections of information, seeking to cross-reference, 
and paraphrase, section 3508 which sets forth the Act's 
fundamental standard for the review of such a proposed 
collection of information by both the proposing agency and the 
OMB Director.
      The House amendment included a direct statement of the 
OMB Director's authority to review and approve proposed agency 
collections of information.
      The Senate recedes.
      10. Authority and functions of Director--Coordination 
with Office of Federal Procurement Policy regarding payment.
      The Senate bill contains a modification to section 
3504(c)(2) relating to establishing a formal coordination 
between OIRA and the Office of Federal Procurement Policy 
(OFPP) regarding minimizing paperwork burdens associated with 
the Federal procurement process.
      The House amendment contained a similar provision, but 
specifically identified the burdens associated with the payment 
of contractors for work performed.
      The Senate recedes.
      The conferees note that the Prompt Payment Act Amendments 
of 1988 specifically encourage the use of electronic fund 
transfers for the payment of contractors. More recently, the 
Federal Acquisition Streamlining Act of 1994 (FASA) continues 
this emphasis on increasing the use of electronic fund 
transfers by designating electronic payment of contractors as 
one of the benchmarks for determining the full capability of 
FACNET. Finally, the conferees note that simplified procedures 
for solicitation and award of contracts below the Simplified 
Acquisition Threshold (SAT), $100,000, being proposed as 
amendments to the Government-wide Federal Acquisition 
Regulation (FAR), should include authority for equally 
expedited contract payment procedures for work performed.
      11. Authority and functions of Director--Special small 
business size standard for Paperwork Reduction Act.
      The House amendment modified the OMB's Director's 
responsibilities under section 3504(c) by adding a new 
paragraph (6) which placed a special emphasis on minimizing the 
burden on small businesses with 50 or fewer employees. New 
section 3504(c)(6) was added as a floor amendment to the 
reported House bill, H.R. 830.
      The Senate bill contains no similar provision.
      The House recedes.
      The conferees note that the section 3 of the Small 
Business Act provides Government-wide authority for the Small 
Business Administration (SBA) to establish by regulation 
numerical size standards under which a business concern will be 
recognized as a small business concern. SBA has established 
specific size standards for various types of business concerns 
in consonance with the system of standard industrial 
classification (SIC) codes, used to categorize business 
activity. Size standards are generally established by number of 
employees for firms engaged in manufacturing. Size standards 
for firms providing services are established on the basis of 
annual gross receipts averaged over a three-year period.
      Statutorily-established small business size standards 
have generally been avoided by the Congress because of their 
rigidity. If enacted, such a statutory size standard has 
generally been used to establish with certainty a ``small 
business'' exception to the statute's general applicability or 
a threshold for a phased-in application.
      12. Assignment of tasks and deadlines--Government-wide 
paperwork burden reduction goals.
      The Senate bill amends section 3505(a) to provide for a 5 
percent Government-wide goal for the reduction of paperwork 
burdens imposed by the Government on the public.
      The House amendment contains a 10 percent Government-wide 
paperwork burden reduction goal.
      The Senate recedes with an amendment. The conference 
agreement provides for a 10 percent goal for each of the fiscal 
years 1996 and 1997 and a 5 percent goal for each of the fiscal 
years 1998 through 2001.
      The conferees note that the Government-wide paperwork 
reduction goal is calculated on the basis of a ``baseline'' 
which is the aggregate paperwork burden imposed during the 
prior fiscal year. The conferees also note that individual 
agency goals negotiated with OIRA may differ depending on the 
agency's potential to reduce the paperwork burden such agency 
imposes on the public. Goals negotiated with some agencies may 
substantially exceed the Government-wide goal, while those 
negotiated with other agencies may be substantially less.
      13. Assignment of tasks and deadlines--Pilot projects to 
test alternative practices to minimize paperwork burdens.
      The Senate bill amends Section 3505 to provide statutory 
authority for the OMB Director to establish voluntary pilot 
programs to test alternative policies, practices, regulations 
and procedures to minimize the information collection burden 
imposed on particular segments of the public.
      The House amendment included a new subsection (b) to 
Section 3505, which specifically authorized the OMB Director to 
waive the application of any regulation or administrative 
directive needed to undertake a burden reduction pilot project. 
Notice of such waiver was required to the public and the 
Congress.
      The Senate recedes with an amendment. The conference 
agreement does not provide any authority for the OMB Director 
to unilaterally waive any regulation in support of a burden 
reduction pilot project. If a regulation must be waived in 
support of such a pilot project, such regulatory waiver must 
be: (1) permissible under the statutory authority underpinning 
the regulation; and (2) implementation through a formal 
regulatory change, meeting the same Administrative Procedure 
Act standards as used to promulgate the regulation proposed for 
waiver.
      14. Federal agency responsibilities--DOD and Military 
departments authorized to designate multiple ``senior 
officials''.
      The Senate bill preserves existing law in section 
3506(a)(2)(B) which permits the Secretary of Defense and the 
Secretary of a Military Department to designate multiple 
``senior officials'' responsible for the Act's implementation 
within the Office of the Secretary of Defense or that Military 
Department. The Senate bill amends existing law to require that 
the respective duties of each such ``senior official'' be 
clearly delineated if either the Secretary of Defense or a 
Service Secretary should choose to designate more than one such 
``senior official''. Under current law, only the Secretary of a 
Military Department has a statutory obligation to delineate the 
respective duties of multiple ``senior officials'' designated 
by such officer.
      The House amendment uses the terminology of ``a senior 
official'', under the legislative drafting convention that the 
singular provides for the plural, unless expressly prohibited. 
The House amendment preserved the statutory anomaly exempting 
the Secretary of Defense from the requirement to delineate the 
respective duties of multiple ``senior officials'' within the 
Office of the Secretary of Defense, (although three such 
``senior officials'' are currently designated and their 
respective duties are delineated).
      The House recedes.
      15. Federal agency responsibilities--Cross-reference to 
``Fast Track'' Procedures under Section 3507(j).
      The House amendment to section 3506(c)(2)(A) qualifies 
the general requirement to provide a 60-day period for public 
comment on a proposed collection of information with the phrase 
``except for good cause'' to provide broad authority to the OMB 
Director to waive the public participation requirement when 
necessary.
      The Senate bill amends section 3507(j), which authorizes 
the so-called ``Fast Track'' review procedures (that is, the 
very expedited review of a proposed collection of information 
without any opportunity for public comment prior to approval), 
to obtain the same statutory objective sought by the House 
amendment.
      The House recedes with an amendment. The conference 
agreement provides for adding to section 3506(c)(2)(A) a cross-
reference to the ``Fast Track'' authority provided in section 
3507(j).
      16. Federal agency responsibilities--Record retention 
period to be specified for any recordkeeping requirement.
      The House amendment adds a provision to Section 
3506(c)(3) which would require that any recordkeeping 
requirement specify the length of time such records must be 
maintained.
      The Senate bill does not contain a similar provision.
      The Senate recedes.
      17. Federal agency responsibilities--Special small 
business size standard for Paperwork Reduction Act.
      The House amendment adds a provision to Section 3506(c) 
relating to agency responsibilities regarding minimizing 
paperwork burdens imposed on the public by requiring that a 
special emphasis be placed on minimizing the burden on small 
businesses with 50 or fewer employees. New Section 3506(c)(4) 
was added as a floor amendment to the reported House bill, H.R. 
830.
      The Senate bill contains no similar provision.
      The House recedes.
      The conferees note that section 3 of the Small Business 
Act provides Government-wide authority for the Small Business 
Administration (SBA) to establish by regulation numerical size 
standards under which a business concern will be recognized as 
a ``small business concern.'' SBA has established specific size 
standards for various types of business concerns in consonance 
with the system of standard industrial classification (SIC) 
codes, used to categorize business activity. Size standards are 
generally established by number of employees for firms engaged 
in manufacturing. Size standards for firms providing services 
are established on the basis of annual gross receipts averaged 
over a three year period.
      Statutorily-established small business size standards 
have generally been avoided by the Congress because of their 
rigidity. If enacted, such a statutory size standard has 
generally been used to establish with certainty a ``small 
business'' exception to a statute's general applicability or to 
define a threshold for a phased-in application.
      18. Federal agency responsibilities--Information 
dissemination standards.
      The Senate bill adds a new Section 3506(d) which 
establishes information dissemination standards for the various 
Federal agencies.
      The House amendment contains essentially similar 
provisions, except that the House provision requires that: (a) 
the public have ``equal'' as well as ``timely'' and 
``equitable'' access to the information collected by the 
agency; and (b) access be made available to the ``underlying 
data'', if an agency provides information to the public in an 
electronic format.
      The Senate recedes with an amendment. The conference 
agreement adopts the provision of the House amendment assuring 
public access to ``underlying data'' if a agency chooses to 
furnish information in an electronic format.
      The conferees concluded that the word ``equal'' was 
unnecessary in the agreed-upon text of section 3506(d)(1), 
given that the statutory obligation for an agency ensure that 
the public has ``timely'' and ``equitable'' access to 
information in the possession of the agency includes the 
obligation to make such information available on a non-
discriminatory and non-exclusive basis to any public or private 
entity for any lawful purpose. This obligation is sufficient to 
prevent agencies from discriminating against or otherwise 
disadvantaging any class of users, particularly commercial 
users.
      19. Federal agency responsibilities--Notice of Changes 
Regarding Information Dissemination Products.
      The House amendment adding a new section 3506(d), which 
establishes information dissemination standards for Federal 
agencies, includes a provision requiring an agency to provide 
adequate public notice when initiating, substantially 
modifying, or terminating a significant information 
dissemination product.
      The Senate bill does not contain a similar provision.
      The Senate recedes.
      20. Federal agency responsibilities--User Fees.
      The House amendment adding a new section 3506(d), which 
establishes information dissemination standards for Federal 
agencies, includes a provision specifying procedures under 
which an agency head can petition the OMB Director to authorize 
user fees in excess of the cost of dissemination, the general 
rule established by section 3506(d)(4)(D).
      The Senate bill does not contain a similar provision.
      The House recedes.
      21. Federal agency responsibilities--Information 
Technology Management.
      The Senate bill requires that each Federal agency take 
certain actions to ``ensure'' responsibility for effective 
management of its information technology resources.
      The House amendment requires each Federal agency to 
``assume'' responsibility for an identical set of management 
actions.
      The Senate recedes.
      22. Public Information collection activities; submission 
to Director; approval and delegation--Unspecified ``Fast 
Track'' Alternative.
      The Senate bill amends section 3507(j) of existing law to 
provide additional flexibility in the so-called ``Fast Track'' 
review process, under which a proposed collection of 
information can be reviewed on a very expedited schedule 
without any opportunity for public notice or comment prior to 
approval by the OMB Director.
      The House amendment sought to provide the same additional 
flexibility by amending section 3507(b) to include any 
additional waiver of the normal review process ``for good 
cause''.
      The House recedes.
      23. Public information collection activities; submission 
to Director; approval and delegation--Duration of ``Default'' 
Approval.
      The Senate bill requires the assignment of a valid 
control number permitting an agency to use a collection of 
information for a period of not more than two years, if the OMB 
Director fails to take action regarding a proposed collection 
of information (not contained in a rule) within a specified 60-
day period.
      The House amendment contained an identical provision, 
except that the control number remained valid for not more than 
one year.
      The Senate recedes.
      24. Public information collection activities; submission 
to Director; approval and delegation--Standard for disapproval 
of a collection of information contained in a final agency 
rule.
      The House amendment to new section 3507(d), which 
specifies procedures for the review of a proposed collection of 
information contained in a proposed rule, includes a 
modification to section 3507(d)(4)(C), to make more explicit 
the standard of review to be used by the OMB Director.
      The Senate bill makes use of the language found in 
existing law.
      The House recedes.
      25. Public information collection activities; submission 
to Director; approval and delegation--Disclosure of written 
communications.
      The Senate bill expands the Act's current requirement to 
disclose any written communication regarding a proposed 
collection of information between a person not employed by the 
Federal Government and the OIRA Administrator or any OIRA 
employee to include the ``Office of the Director'' of OMB.
      The House amendment maintains current law.
      The Senate recedes.
      26. Public information collection activities; submission 
to Director; approval and delegation--``Whistleblower'' 
Protection.
      The Senate bill includes a new provision at section 
3507(e)(3)(B), which provides anonymity to a communication 
received by OIRA from a private sector ``whistleblower'', 
regarding an unapproved (or so-called ``bootleg'') collection 
of information.
      The House amendment contained a whistleblower protection 
provision that was not restricted to ``bootleg'' collections of 
information.
      The House recedes with an amendment. The conference 
agreement provides the ``whistleblower'' protection to a 
communication regarding a collection of information that does 
not display a control number that is currently in effect. Thus, 
the provision now provides protection regarding communications 
relating collections of information that were never approved as 
well as those for which an approval has expired.
      27. Public Information collection activities; submission 
to Director; approval and delegation--Improved ``Fast Track'' 
Procedures.
      The Senate bill amends section 3507(j) of existing law to 
provide additional flexibility in the so-called ``Fast Track'' 
review process, under a proposed collection of information can 
be reviewed on a very expedited schedule without any 
opportunity for public notice or comment prior to approval by 
the OMB Director.
      The House amendment reflects existing law.
      The House recedes.
      The conferees note that no instance has been identified 
in the 15 years of experience under the Act in which its ``Fast 
Track'' review procedures have not been made available to an 
agency under the current version of section 3507(j), or the 
proposed collection of information has not been cleared on a 
schedule that completely accommodated the agency's exigent 
circumstances.
      28. Determination of necessity for information; hearing.
      The Senate bill modifies section 3508 of the Act, which 
establishes the fundamental standard used by the Director in 
determining whether to approve a collection of information 
being proposed by an agency.
      The House amendment reflects existing law.
      The Senate recedes.
      29. Establishment and operation of Government Information 
Locator Service--Specific exclusion for CIA ``operational 
files''.
      The Senate bill includes a provision which provides for 
the establishment and operation of the Government Information 
Locator Service (GILS). The Senate provisions includes an 
explicit exclusion from GILS for ``operational files'' as 
defined in the Central Intelligence Agency Information Act.
      The House amendment contains an identical provision 
regarding GILS, but does not include the specific exclusion for 
the CIA's ``operational files''.
      The House recedes.
      30. Public Protection.
      The Senate bill contains a provision which changes the 
Act's current ``public protection'' provision by requiring a 
collection of information subject to the Act display a notice 
that a person is not required to respond to the collection of 
information unless it displays a control number which is valid.
      The House amendment contains a provision which clarifies 
and strengthens the Act's current ``public protection'' 
provision by enabling a person to assert this protection at any 
time during an agency administrative process or any subsequent 
judicial review of an agency action involving a penalty.
      The Senate recedes with an amendment. The conference 
agreement clarifies and strengthens the Act's ``public 
protection'' provision by explicitly providing that the 
protection provided by the section may be asserted or raised by 
a person in the form of a complete defense, bar or other 
manner, at any time during a agency administrative process or 
any subsequent judicial review. The protection provided by the 
section applies if the agency fails to display a valid control 
number, or inform the person that they are not required to 
respond to a collection of information unless it displays a 
valid control number.
      For collections of information contained in a rule, 
agencies must provide the required information in a manner 
reasonably calculated to inform the public. Notice may be 
provided in the preamble to a final rule containing the 
collection of information, or in a general notice in the volume 
of the Code of Federal Regulation in which the agency's 
regulations appear.
      The conference agreement also provides for the inclusion 
of a definition of ``penalty'', a term used in section 3512. 
The new statutory definition of ``penalty'' is substantially 
identical to the definition of ``penalty'' found in the Act's 
implementing regulations, at 5 C.F.R. 1320.7(m).
      The conference agreement further provides for an 
additional modification to section 3506(c)(1)(B), which 
specifies the information to be provided to the public with 
respect to an agency collection of information. Agencies are 
now required to inform recipients of a collection of 
information that: (a) section 3507(a) prohibits an agency from 
conducting or sponsoring an unapproved collection of 
information; and (b) section 3512 requires an agency to inform 
a person who is to respond to a collection of information they 
are not required to do so unless it displays a valid control 
number.
      31. Responsiveness to Congress--Annual Report and 
Remedial Program Regarding Agencies Failing to Attain Paperwork 
Burden Reduction Goals.
      The Senate bill amended section 3514(a)(1) of the Act 
regarding the content of the report submitted annually to 
Congress by the OMB Director relating to agency compliance with 
the Act.
      The House amendment contains a substantially identical 
provision which includes an additional requirement to identify 
those agencies that have failed to attain their assigned 
paperwork burden reduction goals during the fiscal year covered 
by the report, the reasons for their failure to attain such 
goals; and the agency's proposed remedial program, if any.
      The Senate recedes with a clarifying amendment.
      32. Consultation with other agencies and the public.
      The Senate bill contains a provision permitting any 
person to request the OMB Director to determine whether a 
collection of information is in compliance with the Act's 
requirements, specifying response times to such requests; and 
empowering the Director to seek any appropriate remedial 
action.
      The House amendment contains a substantively identical 
provision, but unlike the Senate bill requires that the person 
making the request must be a recipient of the collection of 
information at issue.
      The House recedes.
      33. Effect on existing laws and regulations.
      The Senate bill includes a provision, section 3818(c), 
substantially identical to existing law which specifies certain 
classes of collections of information that are exempt from the 
Act's coverage.
      The House amendment makes a number of additional 
modifications to this provision of existing law.
      The House recedes.
      34. Authorization of Appropriations.
      The Senate bill amends section 3520 providing a five-year 
authorization of appropriations for OIRA for the Fiscal Years 
1996 through 2000, at the rate of $8 million per year.
      The House amendment provides a permanent authorization of 
appropriations, specifying ``such sums as may be necessary'' 
rather than a fixed amount.
      The House recedes an amendment. The conference agreement 
provides for a six-year authorization of appropriations for 
OIRA, for fiscal years 1996 through 2001, at $8 million for 
each fiscal year.
Burden reduction regarding the Quarterly Financial Report Program at 
        the Bureau of the Census (Sec. 3)
      The Senate bill contained a provision (sec. 103) that 
would require the Bureau of the Census within the Department of 
Commerce to undertake a demonstration program to reduce the 
burden imposed on firms, especially small businesses, required 
to participate in the survey used to prepare the Quarterly 
Financial Report for Manufacturing, Mining, and Trade 
Corporations.
      The House amendment contained no similar provision.
      The House recedes with an amendment.
      The conference agreement amends section 91 of title 13, 
United States Code, the statutory authorization for the survey, 
to:
      (a) exempt firms from participation for specified 
periods, after they have fully participated in the survey for a 
complete cycle (eight consecutive quarters of reporting;
      (b) expand the use of statistical sampling techniques to 
select for survey participation; and
      (c) assure small businesses selected to participate easy 
access to advise and similar assistance, including the 
establishment of a toll-free telephone number.
Effective date (Sec. 4)
      The Senate bill contains a provision (sec. 106) which 
establishes the effective date of the Paperwork Reduction Act 
of 1995 as June 30, 1995.
      The House amendment contains a provision (sec. 3) which 
establishes the Act's effective date as October 1, 1995.
      The Senate recedes with a clarifying amendment.
      The conference agreement provides that: (a) except as 
otherwise provided, the Paperwork Reduction Act of 1995 shall 
take effect on October 1, 1995; (b) section 3520, as amended, 
providing authorization for OIRA's appropriation, shall become 
effective on the date of enactment; (c) for each collection of 
information for which there is a valid OMB control number in 
effect on September 30, 1995, the amendments to chapter 35 of 
title 44, shall take effect on the date of the first renewal or 
modification to that collection of information or on the date 
of the expiration of its OMB control number; and (d) prior to 
such renewal, modification, or expiration of its OMB control 
number, such collection of information shall be subject to the 
provisions of chapter 35 of title 44, United States Code, as in 
effect on September 30, 1995.
                         PROVISIONS NOT ADOPTED

Oregon Option proposal
      The Senate bill contains a provision (sec. 104), added as 
an amendment to the bill as reported, which would express a 
series findings and a statement of support on the part of the 
Senate regarding continuation of an on-going demonstration 
program of intergovernmental cooperation between the Federal 
Government and State of Oregon and its local governments, 
referred to as the ``Oregon Option''.
      The House amendment contains no similar provision.
      The Senate recedes.
Termination of reporting requirements
      The Senate bill contains a provision (sec. 105), added as 
an amendment to the bill as reported, which would terminate all 
statutorily-mandated reports by the Executive Branch to the 
Congress, except those required by the Inspector General Act of 
1978 and the Chief Financial Officers Act of 1990, five years 
after the date of enactment of the provision.
      The House amendment contains no similar provision.
      The Senate recedes.
Federal Report Elimination and Modification Act of 1995
      The Senate bill contains a Title II, the ``Federal Report 
Elimination and Modification Act of 1995'', added as an 
amendment to the bill as reported, which would eliminate or 
reduce the burden of 212 statutorily-mandated reports by the 
Executive Branch to the Congress.
      The House bill contains no similar provisions.
      The Senate recedes.

                                   Bill Clinger,
                                   John M. McHugh,
                                   David McIntosh,
                                   Jon Fox,
                                   Cardiss Collins,
                                   Collin C. Peterson,
                                   Bob Wise,
                                 Managers on the Part of the House.

                                   William V. Roth, Jr.,
                                   Bill Cohen,
                                   Thad Cochran,
                                   John Glenn,
                                   Sam Nunn,
                                Managers on the Part of the Senate.