[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             ENERGY POLICY AND CONSERVATION ACT AMENDMENTS

                                 ______


                        NUNN AMENDMENT NO. 2649

  Mr. BREAUX (for Mr. Nunn) proposed an amendment to the bill (H.R. 
2461) to amend the Energy Policy and Conservation Act to manage the 
Strategic Petroleum Reserve more effectively, and for other purposes; 
as follows:

       At the end of the bill, add the following new title:
                      TITLE V--PAPERWORK REDUCTION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Paperwork Reduction Act of 
     1994''.

     SEC. 502. COORDINATION OF FEDERAL INFORMATION POLICY.

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

        ``CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

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

     ``Sec. 3501. Purposes

       ``The purposes of this chapter are to--
       ``(1) minimize the paperwork burden for individuals, small 
     businesses, educational and nonprofit institutions, Federal 
     contractors, State, local and tribal governments, and other 
     persons resulting from the collection of information by or 
     for the Federal Government;
       ``(2) ensure the greatest possible public benefit from and 
     maximize the utility of information created, collected, 
     maintained, used, shared and disseminated by or for the 
     Federal Government;
       ``(3) coordinate, integrate, and to the extent practicable 
     and appropriate, make uniform Federal information resources 
     management policies and practices as a means to improve the 
     productivity, efficiency, and effectiveness of Government 
     programs, including the reduction of information collection 
     burdens on the public and the improvement of service delivery 
     to the public;
       ``(4) improve the quality and use of Federal information to 
     strengthen decisionmaking, accountability, and openness in 
     Government and society;
       ``(5) minimize the cost to the Federal Government of the 
     creation, collection, maintenance, use, dissemination, and 
     disposition of information;
       ``(6) strengthen the partnership between the Federal 
     Government and State, local, and tribal governments by 
     minimizing the burden and maximizing the utility of 
     information created, collected, maintained, used, 
     disseminated, and retained by or for the Federal Government;
       ``(7) provide for the dissemination of public information 
     on a timely basis, on equitable terms, and in a manner that 
     promotes the utility of the information to the public and 
     makes effective use of information technology;
       ``(8) ensure that the creation, collection, maintenance, 
     use, dissemination, and disposition of information by or for 
     the Federal Government is consistent with applicable laws, 
     including laws relating to--
       ``(A) privacy and confidentiality, including section 552a 
     of title 5;
       ``(B) security of information, including the Computer 
     Security Act of 1987 (Public Law 100-235); and
       ``(C) access to information, including section 552 of title 
     5;
       ``(9) ensure the integrity, quality, and utility of the 
     Federal statistical system;
       ``(10) ensure that information technology is acquired, 
     used, and managed to improve performance of agency missions, 
     including the reduction of information collection burdens on 
     the public; and
       ``(11) improve the responsibility and accountability of the 
     Office of Management and Budget and all other Federal 
     agencies to Congress and to the public for implementing the 
     information collection review process, information resources 
     management, and related policies and guidelines established 
     under this chapter.

     ``Sec. 3502. Definitions

       ``As used in this chapter--
       ``(1) the term `agency' means any executive department, 
     military department, Government corporation, Government 
     controlled corporation, or other establishment in the 
     executive branch of the Government (including the Executive 
     Office of the President), or any independent regulatory 
     agency, but does not include--
       ``(A) the General Accounting Office;
       ``(B) Federal Election Commission;
       ``(C) the governments of the District of Columbia and of 
     the territories and possessions of the United States, and 
     their various subdivisions; or
       ``(D) Government-owned contractor-operated facilities, 
     including laboratories engaged in national defense research 
     and production activities;
       ``(2) the term `burden' means time, effort, or financial 
     resources expended by persons to generate, maintain, or 
     provide information to or for a Federal agency, including the 
     resources expended for--
       ``(A) reviewing instructions;
       ``(B) acquiring, installing, and utilizing technology and 
     systems;
       ``(C) adjusting the existing ways to comply with any 
     previously applicable instructions and requirements;
       ``(D) searching data sources;
       ``(E) completing and reviewing the collection of 
     information; and
       ``(F) transmitting, or otherwise disclosing the 
     information;
       ``(3) the term `collection of information' means the 
     obtaining, causing to be obtained, soliciting, or requiring 
     the disclosure to third parties or the public, of facts or 
     opinions by or for an agency, regardless of form or format, 
     calling for either--
       ``(A) answers to identical questions posed to, or identical 
     reporting or recordkeeping requirements imposed on, ten or 
     more persons, other than agencies, instrumentalities, or 
     employees of the United States; or
       ``(B) answers to questions posed to agencies, 
     instrumentalities, or employees of the United States which 
     are to be used for general statistical purposes;
       ``(4) the term `Director' means the Director of the Office 
     of Management and Budget;
       ``(5) the term `independent regulatory agency' means the 
     Board of Governors of the Federal Reserve System, the 
     Commodity Futures Trading Commission, the Consumer Product 
     Safety Commission, the Federal Communications Commission, the 
     Federal Deposit Insurance Corporation, the Federal Energy 
     Regulatory Commission, the Federal Housing Finance Board, the 
     Federal Maritime Commission, the Federal Trade Commission, 
     the Interstate Commerce Commission, the Mine Enforcement 
     Safety and Health Review Commission, the National Labor 
     Relations Board, the Nuclear Regulatory Commission, the 
     Occupational Safety and Health Review Commission, the Postal 
     Rate Commission, the Securities and Exchange Commission, and 
     any other similar agency designated by statute as a Federal 
     independent regulatory agency or commission;
       ``(6) the term `information resources' means information 
     and related resources, such as personnel, equipment, funds, 
     and information technology;
       ``(7) the term `information resources management' means the 
     process of managing information resources to accomplish 
     agency missions and to improve agency performance, including 
     through the reduction of information collection burdens on 
     the public;
       ``(8) the term `information system' means a discrete set of 
     information resources and processes, automated or manual, 
     organized for the collection, processing, maintenance, use, 
     sharing, dissemination, or disposition of information;
       ``(9) the term `information technology' has the same 
     meaning as the term `automatic data processing equipment' as 
     defined by section 111(a)(2) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 759(a)(2));
       ``(10) the term `person' means an individual, partnership, 
     association, corporation, business trust, or legal 
     representative, an organized group of individuals, a State, 
     territorial, or local government or branch thereof, or a 
     political subdivision of a State, territory, or local 
     government or a branch of a political subdivision;
       ``(11) the term `practical utility' means the ability of an 
     agency to use information, particularly the capability to 
     process such information in a timely and useful fashion;
       ``(12) the term `public information' means any information, 
     regardless of form or format, that an agency discloses, 
     disseminates, or makes available to the public; and
       ``(13) the term `recordkeeping requirement' means a 
     requirement imposed by or for an agency on persons to 
     maintain specified records.

     ``Sec. 3503. Office of Information and Regulatory Affairs

       ``(a) There is established in the Office of Management and 
     Budget an office to be known as the Office of Information and 
     Regulatory Affairs.
       ``(b) There shall be at the head of the Office an 
     Administrator who shall be appointed by the President, by and 
     with the advice and consent of the Senate. The Director shall 
     delegate to the Administrator the authority to administer all 
     functions under this chapter, except that any such delegation 
     shall not relieve the Director of responsibility for the 
     administration of such functions. The Administrator shall 
     serve as principal adviser to the Director on Federal 
     information resources management policy.
       ``(c) The Administrator and employees of the Office of 
     Information and Regulatory Affairs shall be appointed with 
     special attention to professional qualifications required to 
     administer the functions of the Office described under this 
     chapter. Such qualifications shall include relevant 
     education, work experience, or related professional 
     activities.

     ``Sec. 3504. Authority and functions of Director

       ``(a)(1) The Director shall oversee the use of information 
     resources to improve the efficiency and effectiveness of 
     governmental operations to serve agency missions, including 
     service delivery to the public. In performing such oversight, 
     the Director shall--
       ``(A) develop, coordinate and oversee the implementation of 
     Federal information resources management policies, 
     principles, standards, and guidelines; and
       ``(B) provide direction and oversee--
       ``(i) the review of the collection of information and the 
     reduction of the information collection burden;
       ``(ii) agency dissemination of and public access to 
     information;
       ``(iii) statistical activities;
       ``(iv) records management activities;
       ``(v) privacy, confidentiality, security, disclosure, and 
     sharing of information; and
       ``(vi) the acquisition and use of information technology.
       ``(2) The authority of the Director under this chapter 
     shall be exercised consistent with applicable law.
       ``(b) With respect to general information resources 
     management policy, the Director shall--
       ``(1) develop and oversee the implementation of uniform 
     information resources management policies, principles, 
     standards, and guidelines;
       ``(2) foster greater sharing, dissemination, and access to 
     public information, including through--
       ``(A) the use of the Government Information Locator 
     Service; and
       ``(B) the development and utilization of common standards 
     for information collection, storage, processing and 
     communication, including standards for security, 
     interconnectivity and interoperability;
       ``(3) initiate and review proposals for changes in 
     legislation, regulations, and agency procedures to improve 
     information resources management practices;
       ``(4) oversee the development and implementation of best 
     practices in information resources management, including 
     training; and
       ``(5) oversee agency integration of program and management 
     functions with information resources management functions.
       ``(c) With respect to the collection of information and the 
     control of paperwork, the Director shall--
       ``(1) review proposed agency collections of information, 
     and in accordance with section 3508, determine whether the 
     collection of information by or for an agency is necessary 
     for the proper performance of the functions of the agency, 
     including whether the information shall have practical 
     utility;
       ``(2) coordinate the review of the collection of 
     information associated with Federal procurement and 
     acquisition by the Office of Information and Regulatory 
     Affairs with the Office of Federal Procurement Policy, with 
     particular emphasis on applying information technology to 
     improve the efficiency and effectiveness of Federal 
     procurement and acquisition and to reduce information 
     collection burdens on the public;
       ``(3) minimize the Federal information collection burden, 
     with particular emphasis on those individuals and entities 
     most adversely affected;
       ``(4) maximize the practical utility of and public benefit 
     from information collected by or for the Federal Government; 
     and
       ``(5) establish and oversee standards and guidelines by 
     which agencies are to estimate the burden to comply with a 
     proposed collection of information.
       ``(d) With respect to information dissemination, the 
     Director shall develop and oversee the implementation of 
     policies, principles, standards, and guidelines to--
       ``(1) apply to Federal agency dissemination of public 
     information, regardless of the form or format in which such 
     information is disseminated; and
       ``(2) promote public access to public information and 
     fulfill the purposes of this chapter, including through the 
     effective use of information technology.
       ``(e) With respect to statistical policy and coordination, 
     the Director shall--
       ``(1) coordinate the activities of the Federal statistical 
     system to ensure--
       ``(A) the efficiency and effectiveness of the system; and
       ``(B) the integrity, objectivity, impartiality, utility, 
     and confidentiality of information collected for statistical 
     purposes;
       ``(2) ensure that budget proposals of agencies are 
     consistent with system-wide priorities for maintaining and 
     improving the quality of Federal statistics and prepare an 
     annual report on statistical program funding;
       ``(3) develop and oversee the implementation of 
     Governmentwide policies, principles, standards, and 
     guidelines concerning--
       ``(A) statistical collection procedures and methods;
       ``(B) statistical data classification;
       ``(C) statistical information presentation and 
     dissemination;
       ``(D) timely release of statistical data; and
       ``(E) such statistical data sources as may be required for 
     the administration of Federal programs;
       ``(4) evaluate statistical program performance and agency 
     compliance with Governmentwide policies, principles, 
     standards and guidelines;
       ``(5) promote the sharing of information collected for 
     statistical purposes consistent with privacy rights and 
     confidentiality pledges;
       ``(6) coordinate the participation of the United States in 
     international statistical activities, including the 
     development of comparable statistics;
       ``(7) appoint a chief statistician who is a trained and 
     experienced professional statistician to carry out the 
     functions described under this subsection;
       ``(8) establish an Interagency Council on Statistical 
     Policy to advise and assist the Director in carrying out the 
     functions under this subsection that shall--
       ``(A) be headed by the chief statistician; and
       ``(B) consist of--
       ``(i) the heads of the major statistical programs; and
       ``(ii) representatives of other statistical agencies under 
     rotating membership; and
       ``(9) provide opportunities for training in statistical 
     policy functions to employees of the Federal Government under 
     which--
       ``(A) each trainee shall be selected at the discretion of 
     the Director based on agency requests and shall serve under 
     the chief statistician for at least 6 months and not more 
     than 1 year; and
       ``(B) all costs of the training shall be paid by the agency 
     requesting training.
       ``(f) With respect to records management, the Director 
     shall--
       ``(1) provide advice and assistance to the Archivist of the 
     United States and the Administrator of General Services to 
     promote coordination in the administration of chapters 29, 
     31, and 33 of this title with the information resources 
     management policies, principles, standards, and guidelines 
     established under this chapter;
       ``(2) review compliance by agencies with--
       ``(A) the requirements of chapters 29, 31, and 33 of this 
     title; and
       ``(B) regulations promulgated by the Archivist of the 
     United States and the Administrator of General Services; and
       ``(3) oversee the application of records management 
     policies, principles, standards, and guidelines, including 
     requirements for archiving information maintained in 
     electronic format, in the planning and design of information 
     systems.
       ``(g) With respect to privacy and security, the Director 
     shall--
       ``(1) develop and oversee the implementation of policies, 
     principles, standards, and guidelines on privacy, 
     confidentiality, security, disclosure and sharing of 
     information collected or maintained by or for agencies;
       ``(2) oversee and coordinate compliance with sections 552 
     and 552a of title 5, the Computer Security Act of 1987 (40 
     U.S.C. 759 note), and related information management laws; 
     and
       ``(3) require Federal agencies, consistent with the 
     Computer Security Act of 1987 (40 U.S.C. 759 note), to 
     identify and afford security protections commensurate with 
     the risk and magnitude of the harm resulting from the loss, 
     misuse, or unauthorized access to or modification of 
     information collected or maintained by or on behalf of an 
     agency.
       ``(h) With respect to Federal information technology, the 
     Director shall--
       ``(1) in consultation with the Director of the National 
     Institute of Standards and Technology and the Administrator 
     of General Services--
       ``(A) develop and oversee the implementation of policies, 
     principles, standards, and guidelines for information 
     technology functions and activities of the Federal 
     Government, including periodic evaluations of major 
     information systems; and
       ``(B) oversee the development and implementation of 
     standards under section 111(d) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 759(d));
       ``(2) monitor the effectiveness of, and compliance with, 
     directives issued under sections 110 and 111 of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     757 and 759) and review proposed determinations under section 
     111(e) of such Act;
       ``(3) coordinate the development and review by the Office 
     of Information and Regulatory Affairs of policy associated 
     with Federal procurement and acquisition of information 
     technology with the Office of Federal Procurement Policy;
       ``(4) ensure, through the review of agency budget 
     proposals, information resources management plans and other 
     means--
       ``(A) agency integration of information resources 
     management plans, program plans and budgets for acquisition 
     and use of information technology; and
       ``(B) the efficiency and effectiveness of inter-agency 
     information technology initiatives to improve agency 
     performance and the accomplishment of agency missions; and
       ``(5) promote the use of information technology by the 
     Federal Government to improve the productivity, efficiency, 
     and effectiveness of Federal programs, including through 
     dissemination of public information and the reduction of 
     information collection burdens on the public.

     ``Sec. 3505. Assignment of tasks and deadlines

       ``In carrying out the functions under this chapter, the 
     Director shall--
       ``(1) in consultation with agency heads, set an annual 
     Governmentwide goal for the reduction of information 
     collection burdens by at least five percent, and set annual 
     agency goals to--
       ``(A) reduce information collection burdens imposed on the 
     public that--
       ``(i) represent the maximum practicable opportunity in each 
     agency; and
       ``(ii) are consistent with improving agency management of 
     the process for the review of collections of information 
     established under section 3506(c); and
       ``(B) improve information resources management in ways that 
     increase the productivity, efficiency and effectiveness of 
     Federal programs, including service delivery to the public;
       ``(2) with selected agencies and non-Federal entities on a 
     voluntary basis, conduct pilot projects to test alternative 
     policies, practices, regulations, and procedures to fulfill 
     the purposes of this chapter, particularly with regard to 
     minimizing the Federal information collection burden;
       ``(3) in consultation with the Administrator of General 
     Services, the Director of the National Institute of Standards 
     and Technology, the Archivist of the United States, and the 
     Director of the Office of Personnel Management, develop and 
     maintain a Governmentwide strategic plan for information 
     resources management, that shall include--
       ``(A) a description of the objectives and the means by 
     which the Federal Government shall apply information 
     resources to improve agency and program performance;
       ``(B) plans for--
       ``(i) reducing information burdens on the public, including 
     reducing such burdens through the elimination of duplication 
     and meeting shared data needs with shared resources;
       ``(ii) enhancing public access to and dissemination of, 
     information, using electronic and other formats; and
       ``(iii) meeting the information technology needs of the 
     Federal Government in accordance with the requirements of 
     sections 110 and 111 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 757 and 759), 
     and the purposes of this chapter; and
       ``(C) a description of progress in applying information 
     resources management to improve agency performance and the 
     accomplishment of missions; and
       ``(4) in cooperation with the Administrator of General 
     Services, issue guidelines for the establishment and 
     operation in each agency of a process, as required under 
     section 3506(h)(5) of this chapter, to review major 
     information systems initiatives, including acquisition and 
     use of information technology.

     ``Sec. 3506. Federal agency responsibilities

       ``(a)(1) The head of each agency shall be responsible for--
       ``(A) carrying out the agency's information resources 
     management activities to improve agency productivity, 
     efficiency, and effectiveness; and
       ``(B) complying with the requirements of this chapter and 
     related policies established by the Director.
       ``(2)(A) Except as provided under subparagraph (B), the 
     head of each agency shall designate a senior official who 
     shall report directly to such agency head to carry out the 
     responsibilities of the agency under this chapter.
       ``(B) The Secretary of the Department of Defense and the 
     Secretary of each military department may each designate a 
     senior official who shall report directly to such Secretary 
     to carry out the responsibilities of the department under 
     this chapter. If more than one official is designated for the 
     military departments, the respective duties of the officials 
     shall be clearly delineated.
       ``(3) The senior official designated under paragraph (2) 
     shall head an office responsible for ensuring agency 
     compliance with and prompt, efficient, and effective 
     implementation of the information policies and information 
     resources management responsibilities established under this 
     chapter, including the reduction of information collection 
     burdens on the public. The senior official and employees of 
     such office shall be selected with special attention to the 
     professional qualifications required to administer the 
     functions described under this chapter.
       ``(4) Each agency program official shall be responsible and 
     accountable for information resources assigned to and 
     supporting the programs under such official. In consultation 
     with the senior official designated under paragraph (2) and 
     the agency Chief Financial Officer (or comparable official), 
     each agency program official shall define program information 
     needs and develop strategies, systems, and capabilities to 
     meet those needs.
       ``(5) The head of each agency shall establish a permanent 
     information resources management steering committee, which 
     shall be chaired by the senior official designated under 
     paragraph (2) and shall include senior program officials and 
     the Chief Financial Officer (or comparable official). Each 
     steering committee shall--
       ``(A) assist and advise the head of the agency in carrying 
     out information resources management responsibilities of the 
     agency;
       ``(B) assist and advise the senior official designated 
     under paragraph (2) in the establishment of performance 
     measures for information resources management that relate to 
     program missions;
       ``(C) select, control, and evaluate all major information 
     system initiatives (including acquisitions of information 
     technology) in accordance with the requirements of subsection 
     (h)(5); and
       ``(D) identify opportunities to redesign business practices 
     and supporting information systems to improve agency 
     performance.
       ``(b) With respect to general information resources 
     management, each agency shall--
       ``(1) develop information systems, processes, and 
     procedures to--
       ``(A) reduce information collection burdens on the public;
       ``(B) increase program efficiency and effectiveness; and
       ``(C) improve the integrity, quality, and utility of 
     information to all users within and outside the agency, 
     including capabilities for ensuring dissemination of public 
     information, public access to government information, and 
     protections for privacy and security;
       ``(2) in accordance with guidance by the Director, develop 
     and maintain a strategic information resources management 
     plan that shall describe how information resources management 
     activities help accomplish agency missions;
       ``(3) develop and maintain an ongoing process to--
       ``(A) ensure that information resources management 
     operations and decisions are integrated with organizational 
     planning, budget, financial management, human resources 
     management, and program decisions;
       ``(B) develop and maintain an integrated, comprehensive and 
     controlled process of information systems selection, 
     development, and evaluation;
       ``(C) in cooperation with the agency Chief Financial 
     Officer (or comparable official), develop a full and accurate 
     accounting of information technology expenditures, related 
     expenses, and results; and
       ``(D) establish goals for improving information resources 
     management's contribution to program productivity, 
     efficiency, and effectiveness, methods for measuring progress 
     towards those goals, and clear roles and responsibilities for 
     achieving those goals;
       ``(4) in consultation with the Director, the Administrator 
     of General Services, and the Archivist of the United States, 
     maintain a current and complete inventory of the agency's 
     information resources, including directories necessary to 
     fulfill the requirements of section 3511 of this chapter; and
       ``(5) in consultation with the Director and the Director of 
     the Office of Personnel Management, conduct formal training 
     programs to educate agency program and management officials 
     about information resources management.
       ``(c) With respect to the collection of information and the 
     control of paperwork, each agency shall--
       ``(1) establish a process within the office headed by the 
     official designated under subsection (a), that is 
     sufficiently independent of program responsibility to 
     evaluate fairly whether proposed collections of information 
     should be approved under this chapter, to--
       ``(A) review each collection of information before 
     submission to the Director for review under this chapter, 
     including--
       ``(i) an evaluation of the need for the collection of 
     information;
       ``(ii) a functional description of the information to be 
     collected;
       ``(iii) a plan for the collection of the information;
       ``(iv) a specific, objectively supported estimate of 
     burden;
       ``(v) a test of the collection of information through a 
     pilot program, if appropriate; and
       ``(vi) a plan for the efficient and effective management 
     and use of the information to be collected, including 
     necessary resources;
       ``(B) ensure that each information collection--
       ``(i) is inventoried, displays a control number and, if 
     appropriate, an expiration date;
       ``(ii) indicates the collection is in accordance with the 
     clearance requirements of section 3507; and
       ``(iii) contains a statement to inform the person receiving 
     the collection of information--

       ``(I) the reasons the information is being collected;
       ``(II) the way such information is to be used;
       ``(III) an estimate, to the extent practicable, of the 
     burden of the collection; and
       ``(IV) whether responses to the collection of information 
     are voluntary, required to obtain a benefit, or mandatory; 
     and

       ``(C) assess the information collection burden of proposed 
     legislation affecting the agency;
       ``(2)(A) except as provided under subparagraph (B), provide 
     60-day notice in the Federal Register, and otherwise consult 
     with members of the public and affected agencies concerning 
     each proposed collection of information, to solicit comment 
     to--
       ``(i) evaluate whether the proposed collection of 
     information is necessary for the proper performance of the 
     functions of the agency, including whether the information 
     shall have practical utility;
       ``(ii) evaluate the accuracy of the agency's estimate of 
     the burden of the proposed collection of information;
       ``(iii) enhance the quality, utility, and clarity of the 
     information to be collected; and
       ``(iv) minimize the burden of the collection of information 
     on those who are to respond, including through the use of 
     automated collection techniques or other forms of information 
     technology; and
       ``(B) for any proposed collection of information contained 
     in a proposed rule (to be reviewed by the Director under 
     section 3507(d)), provide notice and comment through the 
     notice of proposed rulemaking for the proposed rule and such 
     notice shall have the same purposes specified under 
     subparagraph (A) (i) through (iv); and
       ``(3) certify (and provide a record supporting such 
     certification, including public comments received by the 
     agency) that each collection of information submitted to the 
     Director for review under section 3507--
       ``(A) is necessary for the proper performance of the 
     functions of the agency, including that the information has 
     practical utility;
       ``(B) is not unnecessarily duplicative of information 
     otherwise reasonably accessible to the agency;
       ``(C) reduces to the extent practicable and appropriate the 
     burden on persons who shall provide information to or for the 
     agency, including with respect to small entities, as defined 
     under section 601(6) of title 5, the use of such techniques 
     as--
       ``(i) establishing differing compliance or reporting 
     requirements or timetables that take into account the 
     resources available to those who are to respond;
       ``(ii) the clarification, consolidation, or simplification 
     of compliance and reporting requirements; or
       ``(iii) an exemption from coverage of the collection of 
     information, or any part thereof;
       ``(D) is written using plain, coherent, and unambiguous 
     terminology and is understandable to those who are to 
     respond;
       ``(E) is to be implemented in ways consistent and 
     compatible, to the maximum extent practicable, with the 
     existing reporting and recordkeeping practices of those who 
     are to respond;
       ``(F) contains the statement required under paragraph 
     (1)(B)(iii);
       ``(G) has been developed by an office that has planned and 
     allocated resources for the efficient and effective 
     management and use of the information to be collected, 
     including the processing of the information in a manner which 
     shall enhance, where appropriate, the utility of the 
     information to agencies and the public;
       ``(H) uses effective and efficient statistical survey 
     methodology appropriate to the purpose for which the 
     information is to be collected; and
       ``(I) to the maximum extent practicable, uses information 
     technology to reduce burden and improve data quality, agency 
     efficiency and responsiveness to the public.
       ``(d) With respect to information dissemination, each 
     agency shall--
       ``(1) ensure that the public has timely and equitable 
     access to the agency's public information, including ensuring 
     such access through--
       ``(A) encouraging a diversity of public and private sources 
     for information based on government public information, and
       ``(B) agency dissemination of public information in an 
     efficient, effective, and economical manner;
       ``(2) regularly solicit and consider public input on the 
     agency's information dissemination activities; and
       ``(3) not, except where specifically authorized by 
     statute--
       ``(A) establish an exclusive, restricted, or other 
     distribution arrangement that interferes with timely and 
     equitable availability of public information to the public;
       ``(B) restrict or regulate the use, resale, or 
     redissemination of public information by the public;
       ``(C) charge fees or royalties for resale or 
     redissemination of public information; or
       ``(D) establish user fees for public information that 
     exceed the cost of dissemination.
       ``(e) With respect to statistical policy and coordination, 
     each agency shall--
       ``(1) ensure the relevance, accuracy, timeliness, 
     integrity, and objectivity of information collected or 
     created for statistical purposes;
       ``(2) inform respondents fully and accurately about the 
     sponsors, purposes, and uses of statistical surveys and 
     studies;
       ``(3) protect respondents' privacy and ensure that 
     disclosure policies fully honor pledges of confidentiality;
       ``(4) observe Federal standards and practices for data 
     collection, analysis, documentation, sharing, and 
     dissemination of information;
       ``(5) ensure the timely publication of the results of 
     statistical surveys and studies, including information about 
     the quality and limitations of the surveys and studies; and
       ``(6) make data available to statistical agencies and 
     readily accessible to the public.
       ``(f) With respect to records management, each agency shall 
     implement and enforce applicable policies and procedures, 
     including requirements for archiving information maintained 
     in electronic format, particularly in the planning, design 
     and operation of information systems.
       ``(g) With respect to privacy and security, each agency 
     shall--
       ``(1) implement and enforce applicable policies, 
     procedures, standards, and guidelines on privacy, 
     confidentiality, security, disclosure and sharing of 
     information collected or maintained by or for the agency;
       ``(2) assume responsibility and accountability for 
     compliance with and coordinated management of sections 552 
     and 552a of title 5, the Computer Security Act of 1987 (40 
     U.S.C. 759 note), and related information management laws; 
     and
       ``(3) consistent with the Computer Security Act of 1987 (40 
     U.S.C. 759 note), identify and afford security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the loss, misuse, or unauthorized access to or 
     modification of information collected or maintained by or on 
     behalf of an agency.
       ``(h) With respect to Federal information technology, each 
     agency shall--
       ``(1) implement and enforce applicable Governmentwide and 
     agency information technology management policies, 
     principles, standards, and guidelines;
       ``(2) assume responsibility and accountability for any 
     acquisitions made pursuant to a delegation of authority under 
     section 111 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 759);
       ``(3) promote the use of information technology by the 
     agency to improve the productivity, efficiency, and 
     effectiveness of agency programs, including the reduction of 
     information collection burdens on the public and improved 
     dissemination of public information;
       ``(4) propose changes in legislation, regulations, and 
     agency procedures to improve information technology 
     practices, including changes that improve the ability of the 
     agency to use technology to reduce burden; and
       ``(5) establish, and be responsible for, a major 
     information system initiative review process, which shall be 
     developed and implemented by the information resources 
     management steering committee established under subsection 
     (a)(5), consistent with guidelines issued under section 
     3505(4), and include--
       ``(A) the review of major information system initiative 
     proposals and projects (including acquisitions of information 
     technology), approval or disapproval of each such initiative, 
     and periodic reviews of the development and implementation of 
     such initiatives, including whether the projected benefits 
     have been achieved;
       ``(B) the use by the committee of specified evaluative 
     techniques and criteria to--
       ``(i) assess the economy, efficiency, effectiveness, risks, 
     and priority of system initiatives in relation to mission 
     needs and strategies;
       ``(ii) estimate and verify life-cycle system initiative 
     costs; and
       ``(iii) assess system initiative privacy, security, records 
     management, and dissemination and access capabilities;
       ``(C) the use, as appropriate, of independent cost 
     evaluations of data developed under subparagraph (B); and
       ``(D) the inclusion of relevant information about approved 
     initiatives in the agency's annual budget request.

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

       ``(a) An agency shall not conduct or sponsor the collection 
     of information unless in advance of the adoption or revision 
     of the collection of information--
       ``(1) the agency has--
       ``(A) conducted the review established under section 
     3506(c)(1);
       ``(B) evaluated the public comments received under section 
     3506(c)(2);
       ``(C) submitted to the Director the certification required 
     under section 3506(c)(3), the proposed collection of 
     information, copies of pertinent statutory authority, 
     regulations, and other related materials as the Director may 
     specify; and
       ``(D) published a notice in the Federal Register--
       ``(i) stating that the agency has made such submission; and
       ``(ii) setting forth--

       ``(I) a title for the collection of information;
       ``(II) a summary of the collection of information;
       ``(III) a brief description of the need for the information 
     and the proposed use of the information;
       ``(IV) a description of the likely respondents and proposed 
     frequency of response to the collection of information;
       ``(V) an estimate of the burden that shall result from the 
     collection of information; and
       ``(VI) notice that comments may be submitted to the agency 
     and Director;

       ``(2) the Director has approved the proposed collection of 
     information or approval has been inferred, under the 
     provisions of this section; and
       ``(3) the agency has obtained from the Director a control 
     number to be displayed upon the collection of information.
       ``(b) The Director shall provide at least 30 days for 
     public comment prior to making a decision under subsection 
     (c), (d), or (h), except as provided under subsection (j).
       ``(c)(1) For any proposed collection of information not 
     contained in a proposed rule, the Director shall notify the 
     agency involved of the decision to approve or disapprove the 
     proposed collection of information.
       ``(2) The Director shall provide the notification under 
     paragraph (1), within 60 days after receipt or publication of 
     the notice under subsection (a)(1)(D), whichever is later.
       ``(3) If the Director does not notify the agency of a 
     denial or approval within the 60-day period described under 
     paragraph (2)--
       ``(A) the approval may be inferred;
       ``(B) a control number shall be assigned without further 
     delay; and
       ``(C) the agency may collect the information for not more 
     than 2 years.
       ``(d)(1) For any proposed collection of information 
     contained in a proposed rule--
       ``(A) as soon as practicable, but no later than the date of 
     publication of a notice of proposed rulemaking in the Federal 
     Register, each agency shall forward to the Director a copy of 
     any proposed rule which contains a collection of information 
     and any information requested by the Director necessary to 
     make the determination required under this subsection; and
       ``(B) within 60 days after the notice of proposed 
     rulemaking is published in the Federal Register, the Director 
     may file public comments pursuant to the standards set forth 
     in section 3508 on the collection of information contained in 
     the proposed rule;
       ``(2) When a final rule is published in the Federal 
     Register, the agency shall explain--
       ``(A) how any collection of information contained in the 
     final rule responds to the comments, if any, filed by the 
     Director or the public; or
       ``(B) the reasons such comments were rejected.
       ``(3) If the Director has received notice and failed to 
     comment on an agency rule within 60 days after the notice of 
     proposed rulemaking, the Director may not disapprove any 
     collection of information specifically contained in an agency 
     rule.
       ``(4) No provision in this section shall be construed to 
     prevent the Director, in the Director's discretion--
       ``(A) from disapproving any collection of information which 
     was not specifically required by an agency rule;
       ``(B) from disapproving any collection of information 
     contained in an agency rule, if the agency failed to comply 
     with the requirements of paragraph (1) of this subsection;
       ``(C) from disapproving any collection of information 
     contained in a final agency rule, if the Director finds 
     within 60 days after the publication of the final rule that 
     the agency's response to the Director's comments filed under 
     paragraph (2) of this subsection was unreasonable; or
       ``(D) from disapproving any collection of information 
     contained in a final rule, if--
       ``(i) the Director determines that the agency has 
     substantially modified in the final rule the collection of 
     information contained in the proposed rule; and
       ``(ii) the agency has not given the Director the 
     information required under paragraph (1) with respect to the 
     modified collection of information, at least 60 days before 
     the issuance of the final rule.
       ``(5) This subsection shall apply only when an agency 
     publishes a notice of proposed rulemaking and requests public 
     comments.
       ``(6) The decision by the Director to approve or not act 
     upon a collection of information contained in an agency rule 
     shall not be subject to judicial review.
       ``(e)(1) Any decision by the Director under subsection (c), 
     (d), (h), or (j) to disapprove a collection of information, 
     or to instruct the agency to make substantive or material 
     change to a collection of information, shall be publicly 
     available and include an explanation of the reasons for such 
     decision.
       ``(2) Any written communication between the Office of the 
     Director, the Administrator of the Office of Information and 
     Regulatory Affairs, or any employee of the Office of 
     Information and Regulatory Affairs and an agency or person 
     not employed by the Federal Government concerning a proposed 
     collection of information shall be made available to the 
     public.
       ``(3) This subsection shall not require the disclosure of--
       ``(A) any information which is protected at all times by 
     procedures established for information which has been 
     specifically authorized under criteria established by an 
     Executive order or an Act of Congress to be kept secret in 
     the interest of national defense or foreign policy; or
       ``(B) any communication relating to a collection of 
     information which has not been approved under this chapter, 
     the disclosure of which could lead to retaliation or 
     discrimination against the communicator.
       ``(f)(1) An independent regulatory agency which is 
     administered by 2 or more members of a commission, board, or 
     similar body, may by majority vote void--
       ``(A) any disapproval by the Director, in whole or in part, 
     of a proposed collection of information of an independent 
     regulatory agency; or
       ``(B) an exercise of authority under subsection (d) of 
     section 3507 concerning such an agency.
       ``(2) The agency shall certify each vote to void such 
     disapproval or exercise to the Director, and explain the 
     reasons for such vote. The Director shall without further 
     delay assign a control number to such collection of 
     information, and such vote to void the disapproval or 
     exercise shall be valid for a period of 3 years.
       ``(g) The Director may not approve a collection of 
     information for a period in excess of 3 years.
       ``(h)(1) If an agency decides to seek extension of the 
     Director's approval granted for a currently approved 
     collection of information, the agency shall--
       ``(A) conduct the review established under section 3506(c), 
     including the seeking of comment from the public on the 
     continued need for, and burden imposed by the collection of 
     information; and
       ``(B) after having made a reasonable effort to seek public 
     comment, but no later than 60 days before the expiration date 
     of the control number assigned by the Director for the 
     currently approved collection of information, submit the 
     collection of information for review and approval under this 
     section, which shall include an explanation of how the agency 
     has used the information that it has collected.
       ``(2) If under the provisions of this section, the Director 
     disapproves a collection of information contained in an 
     existing rule, or recommends or instructs the agency to make 
     a substantive or material change to a collection of 
     information contained in an existing rule, the Director 
     shall--
       ``(A) publish an explanation thereof in the Federal 
     Register; and
       ``(B) instruct the agency to undertake a rulemaking within 
     a reasonable time limited to consideration of changes to the 
     collection of information contained in the rule and 
     thereafter to submit the collection of information for 
     approval or disapproval under this chapter.
       ``(3) An agency may not make a substantive or material 
     modification to a collection of information after such 
     collection has been approved by the Director, unless the 
     modification has been submitted to the Director for review 
     and approval under this chapter.
       ``(i)(1) If the Director finds that a senior official of an 
     agency designated under section 3506(a) is sufficiently 
     independent of program responsibility to evaluate fairly 
     whether proposed collections of information should be 
     approved and has sufficient resources to carry out this 
     responsibility effectively, the Director may, by rule in 
     accordance with the notice and comment provisions of chapter 
     5 of title 5, United States Code, delegate to such official 
     the authority to approve proposed collections of information 
     in specific program areas, for specific purposes, or for all 
     agency purposes.
       ``(2) A delegation by the Director under this section shall 
     not preclude the Director from reviewing individual 
     collections of information if the Director determines that 
     circumstances warrant such a review. The Director shall 
     retain authority to revoke such delegations, both in general 
     and with regard to any specific matter. In acting for the 
     Director, any official to whom approval authority has been 
     delegated under this section shall comply fully with the 
     rules and regulations promulgated by the Director.
       ``(j)(1) The agency head may request the Director to 
     authorize collection of information prior to expiration of 
     time periods established under this chapter, if an agency 
     head determines that--
       ``(A) a collection of information--
       ``(i) is needed prior to the expiration of such time 
     periods; and
       ``(ii) is essential to the mission of the agency; and
       ``(B) the agency cannot reasonably comply with the 
     provisions of this chapter within such time periods because--
       ``(i) public harm is reasonably likely to result if normal 
     clearance procedures are followed; or
       ``(ii) an unanticipated event has occurred and the use of 
     normal clearance procedures is reasonably likely to prevent 
     or disrupt the collection of information related to the event 
     or is reasonably likely to cause a statutory or court-ordered 
     deadline to be missed.
       ``(2) The Director shall approve or disapprove any such 
     authorization request within the time requested by the agency 
     head and, if approved, shall assign the collection of 
     information a control number. Any collection of information 
     conducted under this subsection may be conducted without 
     compliance with the provisions of this chapter for a maximum 
     of 90 days after the date on which the Director received the 
     request to authorize such collection.

     ``Sec. 3508. Determination of necessity for information; 
       hearing

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

     ``Sec. 3509. Designation of central collection agency

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

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

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

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

       ``In order to assist agencies and the public in locating 
     information and to promote information sharing and equitable 
     access by the public, the Director shall--
       ``(1) cause to be established and maintained a distributed 
     agency-based electronic Government Information Locator 
     Service (hereafter in this section referred to as the 
     `Service'), which shall identify the major information 
     systems, holdings, and dissemination products of each agency;
       ``(2) require each agency to establish and maintain an 
     agency information locator service as a component of, and to 
     support the establishment and operation of the Service;
       ``(3) in cooperation with the Archivist of the United 
     States, the Administrator of General Services, the Public 
     Printer, and the Librarian of Congress, establish an 
     interagency committee to advise the Secretary of Commerce on 
     the development of technical standards for the Service to 
     ensure compatibility, promote information sharing, and 
     uniform access by the public;
       ``(4) consider public access and other user needs in the 
     establishment and operation of the Service;
       ``(5) ensure the security and integrity of the Service, 
     including measures to ensure that only information which is 
     intended to be disclosed to the public is disclosed through 
     the Service; and
       ``(6) periodically review the development and effectiveness 
     of the Service and make recommendations for improvement, 
     including other mechanisms for improving public access to 
     Federal agency public information.

     ``Sec. 3512. Public protection

       ``Notwithstanding any other provision of law, no person 
     shall be subject to any penalty for failing to maintain, 
     provide, or disclose information to or for any agency or 
     person if the applicable collection of information--
       ``(1) was made after December 31, 1981; and
       ``(2)(A) does not display a valid control number assigned 
     by the Director; or
       ``(B) fails to state that such collection is not subject to 
     this chapter.

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

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

     ``Sec. 3514. Responsiveness to Congress

       ``(a)(1) The Director shall--
       ``(A) keep the Congress and congressional committees fully 
     and currently informed of the major activities under this 
     chapter; and
       ``(B) submit a report on such activities to the President 
     of the Senate and the Speaker of the House of Representatives 
     annually and at such other times as the Director determines 
     necessary.
       ``(2) The Director shall include in any such report a 
     description of the extent to which agencies have--
       ``(A) reduced information collection burdens on the public, 
     including--
       ``(i) a summary of accomplishments and planned initiatives 
     to reduce collection of information burdens;
       ``(ii) a list of all violations of this chapter and of any 
     rules, guidelines, policies, and procedures issued pursuant 
     to this chapter; and
       ``(iii) a list of any increase in the collection of 
     information burden, including the authority for each such 
     collection;
       ``(B) improved the quality and utility of statistical 
     information;
       ``(C) improved public access to Government information; and
       ``(D) improved program performance and the accomplishment 
     of agency missions through information resources management.
       ``(b) The preparation of any report required by this 
     section shall be based on performance results reported by the 
     agencies and shall not increase the collection of information 
     burden on persons outside the Federal Government.

     ``Sec. 3515. Administrative powers

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

     ``Sec. 3516. Rules and regulations

       ``The Director shall promulgate rules, regulations, or 
     procedures necessary to exercise the authority provided by 
     this chapter.

     ``Sec. 3517. Consultation with other agencies and the public

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

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

       ``(a) Except as otherwise provided in this chapter, the 
     authority of an agency under any other law to prescribe 
     policies, rules, regulations, and procedures for Federal 
     information resources management activities is subject to the 
     authority of the Director under this chapter.
       ``(b) Nothing in this chapter shall be deemed to affect or 
     reduce the authority of the Secretary of Commerce or the 
     Director of the Office of Management and Budget pursuant to 
     Reorganization Plan No. 1 of 1977 (as amended) and Executive 
     order, relating to telecommunications and information policy, 
     procurement and management of telecommunications and 
     information systems, spectrum use, and related matters.
       ``(c)(1) Except as provided in paragraph (2), this chapter 
     shall not apply to the collection of information--
       ``(A) during the conduct of a Federal criminal 
     investigation or prosecution, or during the disposition of a 
     particular criminal matter;
       ``(B) during the conduct of--
       ``(i) a civil action to which the United States or any 
     official or agency thereof is a party; or
       ``(ii) an administrative action or investigation involving 
     an agency against specific individuals or entities;
       ``(C) by compulsory process pursuant to the Antitrust Civil 
     Process Act and section 13 of the Federal Trade Commission 
     Improvements Act of 1980; or
       ``(D) during the conduct of intelligence activities as 
     defined in section 4-206 of Executive Order No. 12036, issued 
     January 24, 1978, or successor orders, or during the conduct 
     of cryptologic activities that are communications security 
     activities.
       ``(2) This chapter applies to the collection of information 
     during the conduct of general investigations (other than 
     information collected in an antitrust investigation to the 
     extent provided in subparagraph (C) of paragraph (1)) 
     undertaken with reference to a category of individuals or 
     entities such as a class of licensees or an entire industry.

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