[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 681 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 681

   To amend chapter 35 of title 44, United States Code, relating to 
Government paperwork reduction, to modify the Federal regulatory review 
                    process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 31 (legislative day, March 3), 1993

   Mr. Glenn (for himself, Mr. Levin, and Mr. Akaka) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 35 of title 44, United States Code, relating to 
Government paperwork reduction, to modify the Federal regulatory review 
                    process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paperwork Reduction Reauthorization 
Act of 1993''.

 TITLE I--PAPERWORK REDUCTION AND INFORMATION RESOURCES MANAGEMENT BY 
                    FEDERAL DEPARTMENTS AND AGENCIES

SEC. 101. PURPOSE.

    Section 3501 of title 44, United States Code, is amended to read as 
follows:
``Sec. 3501. Purpose
    ``The purpose of this chapter is to--
            ``(1) ensure the greatest possible public benefit from 
        information collected, maintained, used, disseminated, and 
        retained by the Federal Government;
            ``(2) eliminate any unnecessary Federal paperwork burden 
        for individuals, small businesses, educational institutions, 
        nonprofit organizations, State and local governments, and other 
        persons;
            ``(3) minimize the cost to the Federal Government of 
        collecting, maintaining, using, retaining, and disseminating 
        information;
            ``(4) emphasize Federal information resources management as 
        a comprehensive and integrated process for improving the 
        productivity, efficiency, and effectiveness of Government 
        programs, including service delivery to the public;
            ``(5) improve the quality and use of Federal information to 
        strengthen decisionmaking, accountability, and openness in 
        Government and society;
            ``(6) ensure that information technology is acquired, used, 
        and managed consistent with the purposes of chapter 35 of title 
        44, United States Code, to improve performance of agency 
        missions;
            ``(7) coordinate, integrate, and to the extent practicable 
        and appropriate, make uniform Federal information policies and 
        practices;
            ``(8) improve the accountability of the Office of 
        Management and Budget and all Federal agencies to Congress and 
        to the public for the effective implementation of this chapter;
            ``(9) ensure that the collection, maintenance, use, 
        dissemination, and retention of information by the Federal 
        Government is consistent with applicable laws, including laws 
        relating to--
                    ``(A) confidentiality of information, including 
                section 552a of title 5, United States Code;
                    ``(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, United States Code;
            ``(10) encourage dissemination of public information 
        through a diversity of public and private providers, consistent 
        with the Government's obligation to disseminate public 
        information;
            ``(11) provide for the dissemination of public information 
        on a timely basis, on equitable terms, and in a manner that 
        promotes the usefulness of the information to the public and 
        makes effective use of information technology; and
            ``(12) strengthen the partnership between the Federal 
        Government and State and local governments in the collection 
        and sharing of government information.''.

SEC. 102. DEFINITIONS.

    Section 3502 of title 44, United States Code, is amended--
            (1) by striking out paragraphs (2), (5), (6), (7), (9), 
        (12), and (17);
            (2) by redesignating paragraphs (3), (4), (8), (10), (11), 
        (13), (14), (15), and (16) as paragraphs (2), (3), (4), (5), 
        (6), (7), (8), (10), and (11), respectively;
            (3) by amending paragraph (2) (as redesignated by paragraph 
        (2) of this section) by inserting before the semicolon a comma 
        and ``including the resources expended for reviewing 
        instructions, searching data sources, obtaining, compiling, and 
        maintaining the necessary data, completing and reviewing the 
        collection of information, and transmitting or otherwise 
        disclosing the information involved'';
            (4) by amending paragraph (3) (as redesignated by paragraph 
        (2) of this section) by substituting ``regardless of form or 
        format'' for ``through the use of written report forms, 
        application forms, schedules, questionnaires, reporting or 
        recordkeeping requirements, or other similar methods'';
            (5) by amending paragraph (6) (as redesignated by paragraph 
        (2) of this section) by inserting ``regardless of form or 
        format'' after ``method'';
            (6) by amending paragraph (7) (as redesignated by paragraph 
        (2) of this section) to read as follows:
            ``(7) the term `information resources management' means the 
        process of systematically defining and meeting information 
        needs to accomplish agency missions in the context of the 
        information life cycle, which includes the stages of 
        information from creation or collection through final 
        disposition;'';
            (7) by amending paragraph (8) (as redesignated by paragraph 
        (2) of this section) to read as follows:
            ``(8) the term `information system' means an organized and 
        distinct set of processes and technology, automated or manual, 
        that collect, process, distribute or store information;'';
            (8) by inserting after paragraph (8) (as redesignated by 
        paragraph (2) of this section) the following new paragraph:
            ``(9) the term `information technology' has the same 
        meaning as the term `automatic data processing equipment' as 
        defined under section 111(a)(2) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 759(a)(2)), but 
        does not include any system or equipment, the function, 
        operation or use of which--
                    ``(A) involves intelligence activities;
                    ``(B) involves cryptologic activities related to 
                national security;
                    ``(C) involves the direct command and control of 
                military forces;
                    ``(D) involves equipment which is an integral part 
                of a weapon or weapons system; or
                    ``(E) is critical to the direct fulfillment of 
                military or intelligence missions, provided that this 
                exclusion shall not include information technology used 
                for routine administrative and business applications 
                such as payroll, finance, logistics, and personnel 
                management;''; and
            (9) by inserting after paragraph (11) (as redesignated by 
        paragraph (2) of this section) the following new paragraph:
            ``(12) the term `public information' means any information, 
        regardless of form or format, that an agency discloses, 
        disseminates, or makes available to the public pursuant to law, 
        rule, regulation, policy, or practice, and any part of that 
        information;''.

SEC. 103. OFFICE OF INFORMATION AND REGULATORY AFFAIRS.

    Section 3503 of title 44, United States Code, is amended--
            (1) in subsection (b), in the last sentence by inserting 
        ``and information resources management'' after ``policy''; and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(c) The Administrator and employees of the Office of Information 
and Regulatory Affairs shall be appointed with special attention to 
professional qualifications required to administer the functions of the 
Office described under this chapter. Such qualifications shall include 
relevant education, work experience, or related professional 
activities.''.

SEC. 104. AUTHORITY AND FUNCTIONS OF THE DIRECTOR.

    (a) In General.--Section 3504(a) of title 44, United States Code, 
is amended in the first sentence:
            (1) by striking out ``and implement'' and inserting in lieu 
        thereof a comma and ``implement, and coordinate'';
            (2) by inserting ``, public access to information,'' after 
        ``dissemination of information''; and
            (3) by striking out ``automatic data processing, 
        telecommunications, and other''.
    (b) General Information Policy Functions.--Section 3504(b) of title 
44, United States Code, is amended:
            (1) in the first sentence by inserting ``be to oversee the 
        use of information and information technology to improve the 
        efficiency and effectiveness of Government operations to serve 
        agency missions, including service delivery to the public, and 
        shall'' after ``the Director shall'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) developing, implementing and updating uniform 
        information resources management policies and overseeing the 
        development of information resources management principles, 
        standards, guidelines, and goals and the achievement of those 
        goals;'';
            (3) by amending paragraph (4) to read as follows:
            ``(4) promoting greater sharing of information within and 
        between agencies, and dissemination of and access to public 
        information, including through the use of the Federal 
        Information Locator System, the review of budget proposals, and 
        requiring the utilization of common standards for information 
        collection, storage, processing and communication, including 
        for network interconnectivity and interoperability;'';
            (4) in paragraph (5) by striking out ``information 
        management practices to determine their adequacy and 
        efficiency'' and inserting in lieu thereof ``information 
        resources management practices to determine the adequacy, 
        efficiency, and effectiveness in serving agency mission 
        goals'';
            (5) by amending paragraph (6) to read as follows:
            ``(6) overseeing planning for, and conduct of, research and 
        training with respect to Federal information resources 
        management; and''; and
            (6) by adding at the end thereof the following new 
        paragraph:
            ``(7) coordinating the integration of all management of 
        information functions and program functions through the 
        approach of information resources management.''.
    (c) Information Collection Functions.--Section 3504(c) of title 44, 
United States Code, is amended--
            (1) in paragraph (3)(C), by inserting ``to the extent 
        practicable, an estimate of its burden,'' after ``to be 
        used,'';
            (2) by striking out paragraphs (5), (6), and (7) and 
        inserting in lieu thereof the following new paragraphs:
            ``(5) promoting the elimination of unnecessary burdens 
        imposed through the collection of Federal information, with 
        particular emphasis on those persons most heavily burdened, 
        including small businesses, educational institutions, nonprofit 
        organizations, and State and local governments, especially in 
        the areas of Federal procurement, grant programs, Federal-State 
        cooperative programs, Federal taxation, and United States 
        international competitiveness; and
            ``(6) coordination with the Office of Federal Procurement 
        Policy to address unnecessary paperwork burdens associated with 
        Federal procurement.''.
    (d) Statistical Policy and Coordination Functions.--Section 3504(d) 
of title 44, United States Code, is amended:
            (1) by striking out paragraphs (2) and (6);
            (2) by redesignating paragraphs (1) and (7) as paragraphs 
        (2) and (6), respectively;
            (3) by inserting before paragraph (2) (as redesignated by 
        paragraph (2) of this subsection) the following new paragraph:
            ``(1) coordinating the activities of the Federal 
        statistical system in order to ensure its efficiency and 
        effectiveness, and the integrity, objectivity, impartiality, 
        usefulness, and confidentiality of Federal statistics;'';
            (4) in paragraph (4) by inserting ``timely release of 
        statistical data,'' after ``dissemination,'';
            (5) in paragraph (6) (as redesignated under paragraph (2) 
        of this subsection) by striking out the period and inserting in 
        lieu thereof a semicolon and ``and''; and
            (6) by inserting at the end thereof the following new 
        paragraph:
            ``(7) coordinating the participation of the United States 
        in international statistical activities, including the 
        development of comparable statistics.''.
    (e) Records Management Functions.--Section 3504(e)(3) of title 44, 
United States Code, is amended to read as follows:
            ``(3) overseeing 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.''.
    (f) Information Technology Functions.--Section 3504(g) of title 44, 
United States Code, is amended to read as follows:
    ``(g) The Federal information technology functions of the Director 
shall include--
            ``(1) developing and implementing, in consultation with the 
        Director of the National Institute of Standards and Technology 
        and the Administrator of General Services, policies, 
        principles, standards, and guidelines for information 
        technology functions and activities of the Federal Government, 
        including periodic audits of major information systems, and 
        overseeing the development and implementation of standards 
        under section 111(d) of the Federal Property and Administrative 
        Services Act of 1949;
            ``(2) monitoring the effectiveness of, and compliance with, 
        directives issued under sections 110 and 111 of the Federal 
        Property and Administrative Services Act of 1949 and reviewing 
        proposed determinations under section 111(e) of such Act;
            ``(3) providing advice and guidance on the acquisition and 
        use of information technology, and coordinating, through the 
        review of budget proposals and other methods, agency proposals 
        for acquisition and use of such equipment;
            ``(4) promoting the use of information technology by the 
        Federal Government to improve the productivity, efficiency, and 
        effectiveness of Federal programs, including dissemination of 
        public information;
            ``(5) initiating and reviewing proposals for changes in 
        legislation, regulations, and agency procedures to improve 
        information technology practices, and informing the President 
        and the Congress of the progress made therein; and
            ``(6) in cooperation with the Administrator of General 
        Services, issue policy guidance for the establishment and 
        oversight of the system by which each Federal agency shall 
        initiate, approve, implement, and evaluate plans for major 
        information system initiatives, including policy guidance for--
                    ``(A) the establishment by each Federal agency 
                having an annual information technology budget in 
                excess of $50,000,000, a review committee on major 
                information system initiatives, chaired by the agency 
                head;
                    ``(B) the required evaluative techniques and 
                criteria to be used by such committees to--
                            ``(i) estimate life cycle costs for that 
                        system;
                            ``(ii) assess the economy, efficiency, 
                        effectiveness, risks and priority of proposed 
                        major system initiatives in relation to mission 
                        needs and alternative strategies; and
                            ``(iii) assess the privacy, security, 
                        retention and disposition, and dissemination 
                        and access capabilities of that system;
                    ``(C) the required independent cost evaluations, as 
                appropriate, of data developed under subparagraph (B);
                    ``(D) requiring that information (other than 
                classified information) which is developed under 
                subparagraph (B) and which pertains to any major 
                information system initiative shall be included with 
                the agency's annual budget request if any funds 
                included in that request shall be used for the 
                planning, acquisition, operation, or support of such 
                system, except that such information shall be withheld 
                from public disclosure if it would adversely affect the 
                integrity of any related procurement through the 
                release of proprietary or procurement sensitive 
                information; and
                    ``(E) the establishment of criteria and mechanisms 
                for periodic evaluation of information systems to 
                assess compatibility with assumptions and findings made 
                under subparagraph (B) which relate to that system, 
                including whether projected benefits have been 
                achieved.''.
    (g) Information Dissemination Functions.--Section 3504 of title 44, 
United States Code, is amended--
            (1) by redesignating subsection (h) as subsection (i) of 
        section 3507, and adding such redesignated subsection (i) at 
        the end of section 3507 (as amended by section 107 of this 
        Act);
            (2) by striking such redesignated subsection (i) from the 
        end of such section 3504; and
            (3) by adding after subsection (g) of section 3504 the 
        following new subsection:
    ``(h) The information dissemination functions of the Director shall 
include issuing policy guidance, after notice and receipt of public 
comment, that shall--
            ``(1) be applied by Federal agencies disseminating public 
        information;
            ``(2) be consistent with and promote the purposes of this 
        chapter, including the effective use of information technology 
        to further public access to public information;
            ``(3) apply to all significant public information, 
        regardless of the form or format in which public information is 
        disseminated; and
            ``(4) supplement and not supersede the provisions of 
        section 552 of title 5, or other laws specifically relating to 
        the disclosure or dissemination of Government information.''.

SEC. 105. ASSIGNMENT OF TASKS AND DEADLINES.

    Section 3505 of title 44, United States Code, is amended to read as 
follows: ``In carrying out the functions under this chapter, the 
Director shall--
            ``(1) in consultation with agency heads, set annual goals--
                    ``(A) to improve planning for the collection of 
                information in order to reduce burdens imposed on the 
                public, including the elimination of duplication in 
                information collection requests; and
                    ``(B) for improving information resources 
                management in ways that increase the productivity, 
                efficiency, and effectiveness of Federal programs, 
                including service delivery to the public;
            ``(2) conduct pilot projects to test alternative 
        information practices to fulfill the purposes of this chapter, 
        including testing the feasibility and value of changes in 
        Federal policies, rules and procedures to improve information 
        practices and related activities;
            ``(3) establish an Interagency Council on Statistical 
        Policy headed by the Administrator of the Office of Information 
        and Regulatory Affairs and consisting of the heads of the major 
        statistical programs and, under rotating membership, 
        representatives of other statistical agencies, to advise and 
        assist the Director in carrying out the functions under section 
        3504(d);
            ``(4) develop and annually revise, in consultation with the 
        Administrator of General Services, the Director of the National 
        Institute of Standards and Technology, the Director of the 
        Office of Science and Technology Policy, and the Archivist of 
        the United States, a five-year Governmentwide plan for 
        information resources management, which shall include--
                    ``(A) plans, arrived at after consultation with the 
                advisory committee established under section 3517(b), 
                for reducing information burdens on the public and for 
                increasing productivity, efficiency and effectiveness 
                of Federal programs, including service delivery to the 
                public, through improved information resources 
                management;
                    ``(B) plans, arrived at after consultation with the 
                advisory committee established under section 3517(b), 
                for enhancing public access, using electronic and other 
                formats, to Government information, including by 
                dissemination of public information;
                    ``(C) plans for meeting the information technology 
                needs of the Federal Government in accordance with the 
                requirements of sections 110 and 111 of the Federal 
                Property and Administrative Services Act of 1949 (40 
                U.S.C. 757 and 759), and the purposes of this chapter;
                    ``(D) a description of management controls to--
                            ``(i) integrate the management of specific 
                        information functions into a comprehensive 
                        process of information resources management; 
                        and
                            ``(ii) coordinate information resources 
                        management functions with other agency program 
                        and management functions to improve efficiency 
                        and effectiveness of operations to serve agency 
                        missions, including service delivery to the 
                        public; and
                    ``(E) a description of progress on the 
                implementation of the plan or applicable revised plan; 
                and
            ``(5) oversee agency audits of all major information 
        systems and assign responsibility for conducting Governmentwide 
        or multiagency audits, except the Director shall not assign 
        such responsibility for the audit of major information systems 
        used for the conduct of criminal investigations or intelligence 
        activities as defined in section 4-206 of Executive Order No. 
        12036, issued January 24, 1978, or successor orders, or for 
        cryptologic activities that are communications security 
        activities.''.

SEC. 106. FEDERAL AGENCY RESPONSIBILITIES.

    Section 3506 of title 44, United States Code, is amended to read as 
follows:
``Sec. 3506. Federal agency responsibilities
    ``(a) The head of each agency shall be responsible for carrying out 
the agency's information resources management activities in a way that 
improves agency productivity, efficiency, and effectiveness, including 
service delivery to the public, and for complying with the information 
policies, principles, standards, and guidelines prescribed by the 
Director.
    ``(b) The head of each agency shall designate a senior official or, 
in the case of military departments, and the Office of the Secretary of 
Defense, officials who shall report directly to such agency head to 
carry out the responsibilities of the agency under this chapter. If 
more than one official is appointed for the military departments the 
respective duties of the officials shall be clearly delineated. In 
making these appointments, the agency head shall give due regard to the 
professional qualifications and skills needed to efficiently and 
effectively carry out the responsibilities of the agency under this 
chapter.
    ``(c) Each agency's information resources management responsibility 
shall include--
            ``(1) developing information systems, processes and 
        procedures that--
                    ``(A) reduce information burdens on the public and 
                increase program efficiency and effectiveness;
                    ``(B) maximize the utility and timely release of 
                information to all users within and outside the agency, 
                including the public where appropriate; and
                    ``(C) enhance the efficient sharing of information, 
                including in electronic format, within and between 
                agencies consistent with law;
            ``(2) developing and annually revising a five-year 
        information resources management plan, in accordance with 
        guidance by the Director, that shall reflect an ongoing process 
        to--
                    ``(A) ensure that information resources management 
                operations and decisions are integrated with 
                organizational planning, budget, financial management, 
                human resources management and program decisions;
                    ``(B) develop and maintain an integrated and 
                controlled process of information systems design, 
                development, operations, and evaluation, including the 
                coordination of specific information functions;
                    ``(C) develop, in cooperation with the agency Chief 
                Financial Officer or comparable official, a full and 
                accurate accounting for information technology 
                expenditures and related expenses; and
                    ``(D) establish goals for improving information 
                resources management's contribution to program 
                productivity, efficiency, and effectiveness, methods 
                for measuring progress toward those goals, and clear 
                roles and responsibilities for achieving those goals;
            ``(3) maintaining a current and complete inventory of the 
        agency's information resources, including its major information 
        systems and related technology for use in supporting agency 
        information activities and developing directories of resources 
        available to the Government and the public consistent with the 
        requirements of section 3511 of this chapter;
            ``(4) establishing an agencywide program of information 
        resources management and implementing applicable Governmentwide 
        and agency information policies and requirements issued 
        pursuant to authority under this chapter and any other relevant 
        laws;
            ``(5) periodically evaluating and, as needed, eliminating 
        duplicative or unnecessary information and information systems, 
        and improving the integrity, quality, and utility of 
        information and information systems maintained by the agency, 
        including capabilities for ensuring dissemination of public 
        information, public access to Government information, and 
        protections for privacy, confidentiality and security; and
            ``(6) in consultation with the Director and the Director of 
        the Office of Personnel Management, conducting formalized 
        training programs to educate agency program and management 
        officials about information resources management.
    ``(d) Each agency's paperwork control responsibility shall 
include--
            ``(1) developing procedures for assessing the paperwork and 
        reporting burden of proposed legislation affecting such agency;
            ``(2) ensuring that information collection requests 
        required by law or to obtain a benefit, and submitted to nine 
        or fewer persons, contain a statement to inform the person 
        receiving the request that the request is not subject to the 
        requirements of section 3507; and
            ``(3) establishing a process for the review of each 
        collection of information before it is submitted to the 
        Director for review and approval under this chapter, that is 
        sufficiently independent of program responsibilities to 
        evaluate fairly whether each collection of information is 
        necessary for the proper performance of the agency's mission, 
        including whether it has practical utility.
    ``(e) Each agency's records management responsibility shall include 
applying records management policies, principles, standards, and 
guidelines, including requirements for archiving information maintained 
in electronic format, in the planning, design, and operation of 
information systems.
    ``(f) Each agency's information technology responsibility shall 
include the assignment to the official designated under subsection (b) 
the responsibility for the conduct of and accountability for any 
acquisitions made pursuant to a delegation of authority under section 
111 of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 759).
    ``(g) Each agency's information dissemination responsibility shall 
include promoting public access to public information by establishing 
and maintaining systems for dissemination of information that shall--
            ``(1) ensure that the public has timely and equitable 
        access to the agency's public information and that the agency 
        disseminates public information in an efficient, effective, and 
        economical manner;
            ``(2) plan and budget for information dissemination at the 
        time information is created or collected, and at other 
        appropriate steps during the information life cycle; and
            ``(3) provide to the Superintendent of Documents for 
        distribution to the Federal Depository Library Program all 
        publications regardless of format required by chapter 19 of 
        this title to be made available.
    ``(h) When providing for the dissemination of significant public 
information, an agency--
            ``(1) to the greatest extent practicable, shall disseminate 
        in usable electronic formats (in whole and in part, and along 
        with available software, indices, and documentation) public 
        information maintained in electronic formats;
            ``(2) shall utilize the Government Printing Office for the 
        production and dissemination of information, to the extent 
        provided by chapters 5, 17, and 19 of this title;
            ``(3) before taking any action to initiate, terminate, or 
        significantly modify the dissemination of public information, 
        shall--
                    ``(A) solicit and consider public comments on the 
                proposed action; and
                    ``(B) provide notice to the Superintendent of 
                Documents and otherwise comply with the requirements of 
                section 1710 of this title;
            ``(4) may reduce or waive any user fees for disseminating 
        public information if the agency determines that the 
        dissemination may enhance an agency mission;
            ``(5) except where specifically authorized by statute, 
        shall not--
                    ``(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;
                    ``(D) establish user fees for public information 
                that exceed the cost of dissemination; or
                    ``(E) establish a new information sales and 
                dissemination program without providing advance notice 
                to the Public Printer; and
            ``(6) in determining how to fulfill its public information 
        dissemination functions, shall consider--
                    ``(A) whether dissemination is required by law;
                    ``(B) whether dissemination is necessary for the 
                proper performance of the functions of the agency;
                    ``(C) whether disseminating public information 
                would assist in public oversight of agency operations 
                or would promote the general social or economic welfare 
                of the United States;
                    ``(D) if information available from other public or 
                private sources is equivalent to the agency public 
                information and reasonably achieves the dissemination 
                objectives of the agency;
                    ``(E) dissemination methods that will maximize the 
                utility of the information to the public; and
                    ``(F) the economy and efficiency of Government 
                operations.''.

SEC. 107. PUBLIC INFORMATION COLLECTION ACTIVITIES--SUBMISSION TO 
              DIRECTOR; APPROVAL AND DELEGATION.

    Section 3507 of title 44, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``review under 
                the process established by section 3506(d) and'' after 
                ``actions, including'';
                    (B) in paragraph (2)(B) by--
                            (i) by inserting ``a summary of the 
                        request,'' after ``title for the information 
                        collection request,''; and
                            (ii) by striking out ``; and'' and 
                        inserting in lieu thereof ``, and notice that 
                        comments may be submitted to the agency and the 
                        Director;''; and
                    (C) by redesignating paragraph (3) as paragraph (4) 
                and inserting after paragraph (2) the following:
            ``(3) the agency provides, except as provided under 
        subsection (g), at least 30 days for public comment to the 
        agency and the Director after publication of notice in the 
        Federal Register, and the agency and the Director consider 
        comments received regarding the proposed collection of 
        information; and'';
            (2) in subsection (b) in the first sentence by striking out 
        ``notify the agency involved of the decision to approve or 
        disapprove the request and shall make such decisions, including 
        an explanation thereof'' and inserting in lieu thereof ``but 
        not, except as provided under subsection (g), before the 30-day 
        public comment period has concluded, notify the agency involved 
        of any decision regarding that request and shall make such 
        decisions, including a detailed explanation thereof'';
            (3) in subsection (c)--
                    (A) in the first sentence by striking out 
                ``3504(h)'' and inserting in lieu thereof ``3507(i)''; 
                and
                    (B) in the second sentence by striking out ``, 
                shall explain'' and inserting in lieu thereof ``and 
                shall explain''; and
            (4) by amending subsection (h) to read as follows:
    ``(h)(1) In carrying out reviews of information collection requests 
under this chapter, the Director shall--
            ``(A) maintain a public file for each information 
        collection request under review, which shall include--
                    ``(i) copies of any written communication to the 
                Director or to any employee of the Office of Management 
                and Budget from any person not employed by the Federal 
                Government or from any agency concerning a proposed 
                information collection request, and any written 
                communication from the Director or employee of the 
                Office to such person or agency concerning such 
                proposal; and
                    ``(ii) information about any written submission 
                received by the Director or any employee of the Office 
                of Management and Budget from an agency, including--
                            ``(I) the name of the agency;
                            ``(II) the title or name of the submission;
                            ``(III) the date of receipt by the Office;
                            ``(IV) the name of the principal desk 
                        officer within the Office who reviews the 
                        submission;
                            ``(V) copies of all agency submissions to 
                        the Office, and a detailed written explanation 
                        of the reasons for any disapprovals or 
                        approvals with substantive changes made by the 
                        Office with respect to a submission, as 
                        required by this section; and
                            ``(VI) any decision made by the Office with 
                        respect to the submission, including the date 
                        of any action taken by the Office;
            ``(B) notify the head of the appropriate agency of all 
        meetings involving employees of the Office of Management and 
        Budget and any person who is not an employee of the Federal 
        Government, and provide the agency head, or the designee of the 
        agency head, a reasonable opportunity to attend such meetings; 
        and
            ``(C) consider public comments and other relevant material.
    ``(2) This subsection shall not require the public disclosure of 
any information which is protected at all times by procedures 
established for--
            ``(A) 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 security 
        or foreign policy, or
            ``(B) any communication between a person in the employ of 
        the Office of Management and Budget and any other person in the 
        employ of the Executive Office of the President.''.

SEC. 108. DETERMINATION OF NECESSITY FOR INFORMATION; HEARING.

    Section 3508 of title 44, United States Code, is amended--
            (1) by striking out the second sentence and inserting in 
        lieu thereof ``Before making a determination the Director shall 
        give interested persons at least thirty days in which to submit 
        comments, as required under section 3507, and may give the 
        agency and other interested persons an opportunity to be 
        heard.''; and
            (2) in the third sentence by striking out ``unnecessary'' 
        through the period and inserting in lieu thereof ``unnecessary 
        for the proper performance of the functions of the agency, 
        including whether the information will have practical utility, 
        the agency may not engage in the collection of the 
        information.''.

SEC. 109. FEDERAL INFORMATION LOCATOR SYSTEM.

    Section 3511 of title 44, United States Code, is amended to read as 
follows:
``Sec. 3511. Establishment and operation of Federal Information Locator 
              System
    ``(a) The Director shall maintain a publicly accessible 
comprehensive inventory of all Federal agency information collection 
requests.
    ``(b) The Director shall cause to be established and maintained an 
electronic Federal Information Locator System (hereafter in this 
section referred to as the `system'), which shall identify the major 
information resources of each Federal agency, including significant 
internal and public information holdings, in order to assist agencies 
and the public in locating information.
    ``(c) In designing the system, the Director shall--
            ``(1) establish an interagency committee, in cooperation 
        with the Director of the National Institute of Standards and 
        Technology, to develop standards for agency locator systems to 
        ensure compatability, promote information sharing, and uniform 
        access by the public;
            ``(2) in consultation with the advisory committee 
        established under section 3517(b), consider public access and 
        other user needs;
            ``(3) designate one or more agencies to operate gateways or 
        other access points to the system;
            ``(4) require the head of each agency to establish an 
        agency information locator system; and
            ``(5) ensure that no information which is not public 
        information is disclosed to the public.
    ``(d) The Director shall on an ongoing basis review the development 
and effectiveness of the system and make recommendations for improving 
the system, including mechanisms for improving public access to Federal 
agency public information.
    ``(e) The head of each agency shall take such action as is 
necessary to ensure the compliance of the agency with the directions of 
the Director under this section.''.

SEC. 110. DIRECTOR REVIEW OF AGENCY ACTIVITIES; REPORTING; AGENCY 
              RESPONSE.

    Section 3513(a) of title 44, United States Code, is amended in the 
first sentence by striking out ``information management'' through the 
period and inserting in lieu thereof ``the information resources 
management activities of each agency to ascertain their efficiency and 
effectiveness in helping to achieve program goals.''.

SEC. 111. RESPONSIVENESS TO CONGRESS.

    Section 3514(a) of title 44, United States Code, is amended--
            (1) in paragraph (1) by striking out ``management'' and 
        inserting in lieu thereof ``resources management's contribution 
        to improving agency productivity, efficiency, and 
        effectiveness''; and
            (2) by striking out paragraphs (2) through (10) and 
        inserting in lieu thereof the following:
            ``(2) a summary of accomplishments and planned initiatives 
        to improve Federal programs through information resources 
        management, including specific actions to carry out any pilot 
        projects described under section 3505(2) and each function 
        described under section 3504, including--
                    ``(A) with respect to information collection--
                            ``(i) an analysis by agency, and by 
                        categories the Director finds useful and 
                        practicable, describing the estimated reporting 
                        hours required of persons by information 
                        collection requests, including to the extent 
                        practicable the direct budgetary costs of the 
                        agencies and identification of statutes and 
                        regulations which impose the greatest number of 
                        reporting hours;
                            ``(ii) a tabulation of areas of duplication 
                        in agency information collection requests 
                        identified during the preceding year and 
                        efforts made to preclude the collection of 
                        duplicate information, including designations 
                        of central collection agencies;
                            ``(iii) a list of each instance in which an 
                        agency engaged in the collection of information 
                        under the authority of section 3507(g) and an 
                        identification of each agency involved; and
                            ``(iv) a description of initiatives to 
                        eliminate any unnecessary burden of Federal 
                        collections of information associated with 
                        individuals, small business, educational 
                        institutions, nonprofit organizations, and 
                        State and local governments, particularly with 
                        respect to any unnecessary burden associated 
                        with Federal procurement, grant programs, 
                        Federal taxation and United States 
                        international competitiveness;
                    ``(B) with respect to the statistical policy and 
                coordination functions--
                            ``(i) a description of the specific actions 
                        taken, or planned to be taken, to carry out 
                        each such function;
                            ``(ii) a description of the status of each 
                        major statistical program, including 
                        information on--
                                    ``(I) any improvements in each such 
                                program;
                                    ``(II) any program which has been 
                                reduced or eliminated; and
                                    ``(III) the budget for each such 
                                program for the previous fiscal year 
                                and the fiscal year in progress and the 
                                budget proposed for each such program 
                                for the next fiscal year; and
                            ``(iii) a description and summary of the 
                        long range plans in effect for the major 
                        Federal statistical activities and programs;
                    ``(C) with respect to privacy, disclosure, 
                confidentiality, and security, any reports required 
                under section 552a of title 5, United States Code, and 
                a detailed statement on actions taken to fulfill the 
                purposes of the Computer Security Act of 1987;
                    ``(D) with respect to records management, a 
                description of agency compliance with regulations 
                issued by the Archivist of the United States, including 
                efforts to archive information maintained in electronic 
                format;
                    ``(E) with respect to information technology, a 
                detailed statement with respect to each agency of new 
                initiatives to acquire information technology to 
                improve information resources management, and a summary 
                of actions taken and planned to be taken to improve 
                coordination with the General Services Administration; 
                and
                    ``(F) with respect to information dissemination and 
                access, a description of the feasibility and means of 
                enhancing, using electronic and other formats, agency 
                sharing of and public access to Government information, 
                including by dissemination of public information and 
                use of the Federal Information Locator System;
            ``(3) a list of all violations of provisions of this 
        chapter and rules, regulations, guidelines, policies, and 
        procedures issued under this chapter; and
            ``(4) such other information that demonstrates faithful 
        administration of this chapter and that may be necessary or 
        useful to the Congress in reviewing the effectiveness of and, 
        when required, in reauthorizing appropriations for this 
        chapter.''.

SEC. 112. CONSULTATION WITH OTHER AGENCIES AND THE PUBLIC.

    Section 3517 of title 44, United States Code, is amended--
            (1) by inserting ``(a)'' before ``In development''; and
            (2) by adding at the end thereof the following new 
        subsection--
    ``(b) The Director shall establish an Advisory Committee on 
Information Policy to advise in carrying out the functions assigned 
under this chapter that shall--
            ``(1) be composed of seventeen members, which shall 
        include--
                    ``(A) the Director;
                    ``(B) the Administrator of General Services;
                    ``(C) the Director of the National Institute of 
                Standards and Technology;
                    ``(D) the Archivist of the United States; and
                    ``(E) thirteen members appointed by the Director, 
                of whom--
                            ``(i) three shall be representatives of 
                        three different Federal agencies with 
                        significant public information activities;
                            ``(ii) seven shall be public members 
                        appointed to represent parties of interests 
                        other than the United States and shall be 
                        broadly representative of interested or 
                        affected groups, including private information 
                        providers, libraries, educational institutions, 
                        nonprofit organizations, consumer 
                        organizations, and businesses; and
                            ``(iii) three shall be representatives of 
                        State and local governments;
            ``(2) provide for a two-year term for members appointed by 
        the Director, except that one-half of the initial appointments 
        shall be made for a term of three years;
            ``(3) provide that an individual may be reappointed to the 
        committee for any number of terms;
            ``(4) provide that appointments shall be made without 
        regard to political affiliation; and
            ``(5) comply with the provisions of the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    ``(c) No later than one hundred and eighty days after the date of 
the enactment of this subsection, the Director shall complete the 
initial appointment of members of the Advisory Committee on Information 
Policy.
    ``(d) The Director shall provide necessary support services for the 
Advisory Committee, and shall maintain the records of the Advisory 
Committee in a publicly accessible location which shall be identified 
in the charter of the Advisory Committee. Any record, or portion 
thereof, that is to be discussed or acted upon at a public meeting of 
the Advisory Committee shall be made available for public inspection 
and copying at least forty-eight hours in advance of such meeting.
    ``(e) The Advisory Committee on Information Policy shall terminate 
on September 30, 1996.
    ``(f) There are authorized to be appropriated $150,000 for each of 
the fiscal years 1993, 1994, 1995, and 1996, to carry out the functions 
of the Advisory Committee on Information Policy.''.

SEC. 113. ACCESS TO INFORMATION.

    Section 3519 of title 44, United States Code, is amended in the 
second sentence by inserting ``regardless of form or format'' after 
``paper and records''.

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    Section 3520(a) of title 44, United States Code, is amended by 
striking out ``$5,500,000 for each of the fiscal years 1987, 1988, and 
1989.'' and inserting in lieu thereof ``$8,000,000 for each of the 
fiscal years 1993, 1994, 1995 and 1996.''.

                TITLE II--REVIEW OF FEDERAL REGULATIONS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Regulatory Review Sunshine Act of 
1993''.

SEC. 202. DEFINITIONS.

    For purposes of this title, the term--
            (1) ``agency'' means an agency as defined under section 
        551(1) of title 5, United States Code, and section 552(f) of 
        title 5, United States Code;
            (2) ``regulatory review'' means the evaluation, review, 
        oversight, supervision, or coordination of agency rulemaking 
        activity by a reviewing entity directed by the President or the 
        designee of the President to conduct such review on an ongoing 
        basis;
            (3) ``reviewing entity'' means any agency, or other 
        establishment in the executive branch of the Federal Government 
        established by the President, which engages, in whole or in 
        part in regulatory review;
            (4) ``review action'' means any action, including but not 
        limited to a recommendation or direction, regarding an agency 
        rulemaking activity taken by a reviewing entity; and
            (5) ``rulemaking activity'' means any activity involving a 
        rulemaking as defined under section 551(5) of title 5, United 
        States Code, and includes activity involving a schedule or plan 
        for rulemaking, strategy statements, guidelines, policy 
        manuals, grant and loan procedures, advance notices of proposed 
        rulemaking, press releases and other documents announcing or 
        implementing regulatory policy that affects the public.

SEC. 203. DISCLOSURE BY A REVIEWING ENTITY.

    (a) Public Access.--A reviewing entity shall establish procedures, 
consistent with subsection (b), to provide public access to information 
concerning each agency rulemaking activity under its review. Such 
information shall include a copy of--
            (1) all written communications, regardless of format, 
        including drafts of all proposals and associated analyses, 
        between the reviewing entity and the rulemaking agency;
            (2) all written communications, regardless of format, 
        between the reviewing entity and any person not employed by the 
        Federal Government relating to the substance of an agency 
        rulemaking activity;
            (3) a record, including the date, participants, and 
        substance, of all oral communications relating to the substance 
        of an agency rulemaking activity, including meetings, between 
        the reviewing entity and any person not employed by the Federal 
        Government;
            (4) a written explanation as required by section 204(c) and 
        the date of any significant review action; and
            (5) any notice of any extensions of review under section 
        206.
    (b) Procedures.--Information described under subsection (a) shall 
be made available to the public upon request--
            (1) within 14 days of conclusion of review;
            (2) in a manner consistent with the requirements of section 
        552(a) of title 5, United States Code; and
            (3) for review, and copying, in a publicly accessible 
        reading room during normal business hours.

SEC. 204. DISCLOSURE TO A RULEMAKING AGENCY BY A REVIEWING ENTITY.

    (a) Written Communications.--A reviewing entity shall transmit to 
the rulemaking agency, on a timely basis, copies of any written 
communications between the reviewing entity and any person not employed 
by the Federal Government concerning the substance of a rulemaking 
activity of that agency.
    (b) Oral Communications.--A reviewing entity shall disclose to the 
rulemaking agency, on a timely basis, all oral communications, 
including meetings, between any person not employed by the Federal 
Government and the reviewing entity concerning the substance of a 
rulemaking activity of that agency. The reviewing entity shall--
            (1) advise the rulemaking agency of the date, participants, 
        and substance of such communications; and
            (2) invite the rulemaking agency head or designee to all 
        scheduled meetings involving such communications.
    (c) Explanation of Significant Review Action.--A reviewing entity 
shall, in a timely manner, provide the rulemaking agency with a written 
explanation of any significant review action taken by the reviewing 
entity concerning an agency rulemaking activity.

SEC. 205. PUBLIC DISCLOSURE BY A RULEMAKING AGENCY.

    (a) Status of Review.--A rulemaking agency shall upon request 
identify a rulemaking activity, the date upon which it was submitted to 
a reviewing entity for review, and any notice of any extensions of 
review under section 206.
    (b) Explanations.--For each proposed and final rule, a rulemaking 
agency shall explain in its rulemaking notice any significant changes 
made to such rule as a consequence of regulatory review.
    (c) Record.--A rulemaking agency shall place in the appropriate 
rulemaking record all of the documents received from a reviewing entity 
as required under section 204.

SEC. 206. TIME LIMITS FOR REVIEW.

    (a) Time Limits.--Within 60 days after the receipt of a rulemaking 
activity submitted to a reviewing entity for review, the reviewing 
entity shall conclude review of the rulemaking activity. The reviewing 
entity may, for good cause explained to the rulemaking agency extend 
the time for review for 30 days.
    (b) Resolution of Outstanding Issues.--If the President, or such 
other person or entity as the President may designate, reviews for 
resolution an issue arising out of a regulatory review--
            (1) the applicable time limits described under subsection 
        (a) may be extended, although any such issue shall be resolved 
        as promptly as practicable; and
            (2) any such review shall be subject to the requirements of 
        this title, except for section 206(a).
    (c) Extensions.--A reviewing entity shall notify the rulemaking 
agency of an extension beyond 60 days and provide public notice, 
pursuant to sections 203 and 207. The rulemaking agency shall promptly 
publish a notice of any such extension in the Federal Register, and 
shall give public notice pursuant to section 205.

SEC. 207. PUBLIC ACCOUNTING OF REGULATORY REVIEW.

    (a) Publication of Accounting.--The Office of Management and Budget 
shall prepare and make available to the public a monthly and an annual 
accounting of regulatory review conducted by any and all reviewing 
entities. Such accounting shall include a list of all rulemaking 
activities submitted to a reviewing entity for review, under review by 
a reviewing entity, or for which a review action was taken by a 
reviewing entity during the reporting period.
    (b) Information Included in Accounting.--The monthly accounting 
required under subsection (a) shall be prepared and made available to 
the public within 10 working days of the end of each month and shall 
include the name and type of each rulemaking activity reviewed, the 
reviewing entity, the rulemaking agency, the date of submission, the 
status of review, notice of any extensions of review under section 206, 
any review action, the date of such action, and the authority for 
review.
    (c) Federal Register Publication.--Each rulemaking agency shall 
publish in the Federal Register within 10 working days of the end of 
each month a list of all rulemaking activities undergoing regulatory 
review during the preceding month. Such list shall include the name and 
type of each rulemaking activity, the reviewing entity, the date of 
submission, any review action taken during the reporting period, and 
the date of any such action.

SEC. 208. EXCLUSIONS.

    Oral communications with the President, the Vice President, the 
Administrator of the Environmental Protection Agency, the Director of 
the Office of Management and Budget, and the heads of executive 
departments as defined under section 101 of title 5, United States 
Code, are not covered by this title.

SEC. 209. RULES OF CONSTRUCTION.

    (a) Authorization.--Nothing in this title authorizes a reviewing 
entity to--
            (1) review a rulemaking activity; or
            (2) direct an agency to make a decision with regard to a 
        rulemaking activity unless specifically authorized by law.
    (b) Alterations.--Nothing in this title alters in any manner--
            (1) rulemaking authority vested by law in the head of an 
        agency;
            (2) any legally mandated criteria for rulemaking; or
            (3) the application of any statutory or judicial deadline 
        or the authority of an agency to undertake rulemaking activity 
        in an emergency situation.

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