[Congressional Record Volume 141, Number 61 (Monday, April 3, 1995)]
[House]
[Pages H4093-H4102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                       CONFERENCE REPORT ON S. 44

  Mr. CLINGER submitted the following conference report and statement 
on the bill (S. 244), to further the goals of the Paperwork Reduction 
Act to have Federal agencies become more responsible and publicly 
accountable for reducing the burden of Federal paperwork on the public, 
and for other purposes:

                  Conference Report (H. Rept. 104-99)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the bill (S. 
     244), to further the goals of the Paperwork Reduction Act to 
     have Federal agencies become more responsible and publicly 
     accountable for reducing the burden of Federal paperwork on 
     the public, and for other purposes, having met, after full 
     and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:
     SECTION 1. SHORT TITLE.

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

     SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.

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

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

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

     ``Sec. 3502. Definitions

       ``As used in this chapter--
       ``(1) the term `agency' means any executive department, 
     military department, Government corporation, Government 
     controlled corporation, or other establishment in the 
     executive branch of the Government (including the Executive 
     Office of the President), or any independent regulatory 
     agency, but does not include--
       ``(A) the General Accounting Office;
       ``(B) Federal Election Commission;
       ``(C) the governments of the District of Columbia and of 
     the territories and possessions of the United States, and 
     their various subdivisions; or
       ``(D) Government-owned contractor-operated facilities, 
     including laboratories engaged in national defense research 
     and production activities;
       ``(2) the term `burden' means time, effort, or financial 
     resources expended by persons to generate, maintain, or 
     provide information to or for a Federal agency, including the 
     resources expended for--
       ``(A) reviewing instructions;
       ``(B) acquiring, installing, and utilizing technology and 
     systems;
       ``(C) adjusting the existing ways to comply with any 
     previously applicable instructions and requirements;
       ``(D) searching data sources;
       ``(E) completing and reviewing the collection of 
     information; and
       ``(F) transmitting, or otherwise disclosing the 
     information;
       ``(3) the term `collection of information'--
       ``(A) means the obtaining, causing to be obtained, 
     soliciting, or requiring the disclosure to third parties or 
     the public, of facts or opinions by or for an agency, 
     regardless of form or format, calling for either--
       ``(i) answers to identical questions posed to, or identical 
     reporting or recordkeeping requirements imposed on, ten or 
     more persons, other than agencies, instrumentalities, or 
     employees of the United States; or
       ``(ii) answers to questions posed to agencies, 
     instrumentalities, or employees of the United States which 
     are to be used for general statistical purposes; and
       ``(B) shall not include a collection of information 
     described under section 3518(c)(1);
       ``(4) the term `Director' means the Director of the Office 
     of Management and Budget;
       ``(5) the term `independent regulatory agency' means the 
     Board of Governors of the Federal Reserve System, the 
     Commodity Futures Trading Commission, the Consumer Product 
     Safety Commission, the Federal Communications Commission, the 
     Federal Deposit Insurance Corporation, the Federal Energy 
     Regulatory Commission, the Federal Housing Finance Board, the 
     Federal Maritime Commission, the Federal Trade Commission, 
     the Interstate Commerce Commission, the Mine Enforcement 
     Safety and Health Review Commission, the National Labor 
     Relations Board, the Nuclear Regulatory Commission, the 
     Occupational Safety and Health Review Commission, the Postal 
     Rate Commission, the Securities and Exchange Commission, and 
     any other similar agency designated by statute as a Federal 
     independent regulatory agency or commission;
       ``(6) the term `information resources' means information 
     and related resources, such as personnel, equipment, funds, 
     and information technology;
       ``(7) the term `information resources management' means the 
     process of managing information resources to accomplish 
     agency missions and to improve agency performance, including 
     through the reduction of information collection burdens on 
     the public;
       ``(8) the term `information system' means a discrete set of 
     information resources organized for the collection, 
     processing, maintenance, use, sharing, dissemination, or 
     disposition of information;
       ``(9) the term `information technology' has the same 
     meaning as the term `automatic data processing equipment' as 
     defined by section 111(a) (2) and (3)(C) (i) through (v) of 
     the Federal Property and Administrative Services Act of 1949 
     (40 U.S.C. 759(a) (2) and (3)(C) (i) through (v));
       ``(10) the term `person' means an individual, partnership, 
     association, corporation, business trust, or legal 
     representative, an organized group of individuals, a State, 
     territorial, tribal, or local government or branch thereof, 
     or a political subdivision of a State, territory, tribal, or 
     local government or a branch of a political subdivision;
       ``(11) the term `practical utility' means the ability of an 
     agency to use information, particularly the capability to 
     process such information in a timely and useful fashion;
       ``(12) the term `public information' means any information, 
     regardless of form or format, that an agency discloses, 
     disseminates, or makes available to the public;
       ``(13) the term `recordkeeping requirement' means a 
     requirement imposed by or for an agency on persons to 
     maintain specified records, including a requirement to--
       ``(A) retain such records;
       ``(B) notify third parties, the Federal Government, or the 
     public of the existence of such records;
       ``(C) disclose such records to third parties, the Federal 
     Government, or the public; or

[[Page H4094]]

       ``(D) report to third parties, the Federal Government, or 
     the public regarding such records; and
       ``(14) the term `penalty' includes the imposition by an 
     agency or court of a fine or other punishment; a judgment for 
     monetary damages or equitable relief; or the revocation, 
     suspension, reduction, or denial of a license, privilege, 
     right, grant, or benefit.

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

       ``(a) There is established in the Office of Management and 
     Budget an office to be known as the Office of Information and 
     Regulatory Affairs.
       ``(b) There shall be at the head of the Office an 
     Administrator who shall be appointed by the President, by and 
     with the advice and consent of the Senate. The Director shall 
     delegate to the Administrator the authority to administer all 
     functions under this chapter, except that any such delegation 
     shall not relieve the Director of responsibility for the 
     administration of such functions. The Administrator shall 
     serve as principal adviser to the Director on Federal 
     information resources management policy.

     ``Sec. 3504. Authority and functions of Director

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

     ``Sec. 3505. Assignment of tasks and deadlines

       ``(a) In carrying out the functions under this chapter, the 
     Director shall--
       ``(1) in consultation with agency heads, set an annual 
     Governmentwide goal for the reduction of information 
     collection burdens by at least 10 percent during each of 
     fiscal years 1996 and 1997 
     [[Page H4095]] and 5 percent during each of fiscal years 
     1998, 1999, 2000, and 2001, and set annual agency goals to--
       ``(A) reduce information collection burdens imposed on the 
     public that--
       ``(i) represent the maximum practicable opportunity in each 
     agency; and
       ``(ii) are consistent with improving agency management of 
     the process for the review of collections of information 
     established under section 3506(c); and
       ``(B) improve information resources management in ways that 
     increase the productivity, efficiency and effectiveness of 
     Federal programs, including service delivery to the public;
       ``(2) with selected agencies and non-Federal entities on a 
     voluntary basis, conduct pilot projects to test alternative 
     policies, practices, regulations, and procedures to fulfill 
     the purposes of this chapter, particularly with regard to 
     minimizing the Federal information collection burden; and
       ``(3) in consultation with the Administrator of General 
     Services, the Director of the National Institute of Standards 
     and Technology, the Archivist of the United States, and the 
     Director of the Office of Personnel Management, develop and 
     maintain a Governmentwide strategic plan for information 
     resources management, that shall include--
       ``(A) a description of the objectives and the means by 
     which the Federal Government shall apply information 
     resources to improve agency and program performance;
       ``(B) plans for--
       ``(i) reducing information burdens on the public, including 
     reducing such burdens through the elimination of duplication 
     and meeting shared data needs with shared resources;
       ``(ii) enhancing public access to and dissemination of, 
     information, using electronic and other formats; and
       ``(iii) meeting the information technology needs of the 
     Federal Government in accordance with the purposes of this 
     chapter; and
       ``(C) a description of progress in applying information 
     resources management to improve agency performance and the 
     accomplishment of missions.
       ``(b) For purposes of any pilot project conducted under 
     subsection (a)(2), the Director may, after consultation with 
     the agency head, waive the application of any administrative 
     directive issued by an agency with which the project is 
     conducted, including any directive requiring a collection of 
     information, after giving timely notice to the public and the 
     Congress regarding the need for such waiver.

     ``Sec. 3506. Federal agency responsibilities

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

       ``(I) the reasons the information is being collected;
       ``(II) the way such information is to be used;
       ``(III) an estimate, to the extent practicable, of the 
     burden of the collection;
       ``(IV) whether responses to the collection of information 
     are voluntary, required to obtain a benefit, or mandatory; 
     and
       ``(V) the fact that an agency may not conduct or sponsor, 
     and a person is not required to respond to, a collection of 
     information unless it displays a valid control number; and

       ``(C) assess the information collection burden of proposed 
     legislation affecting the agency;
       ``(2)(A) except as provided under subparagraph (B) or 
     section 3507(j), provide 60-day notice in the Federal 
     Register, and otherwise consult with members of the public 
     and affected agencies concerning each proposed collection of 
     information, to solicit comment to--
       ``(i) evaluate whether the proposed collection of 
     information is necessary for the proper performance of the 
     functions of the agency, including whether the information 
     shall have practical utility;
       ``(ii) evaluate the accuracy of the agency's estimate of 
     the burden of the proposed collection of information;
       ``(iii) enhance the quality, utility, and clarity of the 
     information to be collected; and
       ``(iv) minimize the burden of the collection of information 
     on those who are to respond, including through the use of 
     automated collection techniques or other forms of information 
     technology; and
       ``(B) for any proposed collection of information contained 
     in a proposed rule (to be reviewed by the Director under 
     section 3507(d)), provide notice and comment through the 
     notice of proposed rulemaking for the proposed rule and such 
     notice shall have the same purposes specified under 
     subparagraph (A) (i) through (iv); and
       ``(3) certify (and provide a record supporting such 
     certification, including public comments received by the 
     agency) that each collection of information submitted to the 
     Director for review under section 3507--
       ``(A) is necessary for the proper performance of the 
     functions of the agency, including that the information has 
     practical utility;
       ``(B) is not unnecessarily duplicative of information 
     otherwise reasonably accessible to the agency;
       ``(C) reduces to the extent practicable and appropriate the 
     burden on persons who shall provide information to or for the 
     agency, including with respect to small entities, as defined 
     under section 601(6) of title 5, the use of such techniques 
     as--
       ``(i) establishing differing compliance or reporting 
     requirements or timetables that take into account the 
     resources available to those who are to respond;
       ``(ii) the clarification, consolidation, or simplification 
     of compliance and reporting requirements; or
       ``(iii) an exemption from coverage of the collection of 
     information, or any part thereof;
       ``(D) is written using plain, coherent, and unambiguous 
     terminology and is understandable to those who are to 
     respond;
       ``(E) is to be implemented in ways consistent and 
     compatible, to the maximum extent practicable, with the 
     existing reporting and recordkeeping practices of those who 
     are to respond;
       ``(F) indicates for each recordkeeping requirement the 
     length of time persons are required to maintain the records 
     specified;
       ``(G) contains the statement required under paragraph 
     (1)(B)(iii);
     [[Page H4096]]   ``(H) has been developed by an office that 
     has planned and allocated resources for the efficient and 
     effective management and use of the information to be 
     collected, including the processing of the information in a 
     manner which shall enhance, where appropriate, the utility of 
     the information to agencies and the public;
       ``(I) uses effective and efficient statistical survey 
     methodology appropriate to the purpose for which the 
     information is to be collected; and
       ``(J) to the maximum extent practicable, uses information 
     technology to reduce burden and improve data quality, agency 
     efficiency and responsiveness to the public.
       ``(d) With respect to information dissemination, each 
     agency shall--
       ``(1) ensure that the public has timely and equitable 
     access to the agency's public information, including ensuring 
     such access through--
       ``(A) encouraging a diversity of public and private sources 
     for information based on government public information;
       ``(B) in cases in which the agency provides public 
     information maintained in electronic format, providing timely 
     and equitable access to the underlying data (in whole or in 
     part); and
       ``(C) agency dissemination of public information in an 
     efficient, effective, and economical manner;
       ``(2) regularly solicit and consider public input on the 
     agency's information dissemination activities;
       ``(3) provide adequate notice when initiating, 
     substantially modifying, or terminating significant 
     information dissemination products; and
       ``(4) not, except where specifically authorized by 
     statute--
       ``(A) establish an exclusive, restricted, or other 
     distribution arrangement that interferes with timely and 
     equitable availability of public information to the public;
       ``(B) restrict or regulate the use, resale, or 
     redissemination of public information by the public;
       ``(C) charge fees or royalties for resale or 
     redissemination of public information; or
       ``(D) establish user fees for public information that 
     exceed the cost of dissemination.
       ``(e) With respect to statistical policy and coordination, 
     each agency shall--
       ``(1) ensure the relevance, accuracy, timeliness, 
     integrity, and objectivity of information collected or 
     created for statistical purposes;
       ``(2) inform respondents fully and accurately about the 
     sponsors, purposes, and uses of statistical surveys and 
     studies;
       ``(3) protect respondents' privacy and ensure that 
     disclosure policies fully honor pledges of confidentiality;
       ``(4) observe Federal standards and practices for data 
     collection, analysis, documentation, sharing, and 
     dissemination of information;
       ``(5) ensure the timely publication of the results of 
     statistical surveys and studies, including information about 
     the quality and limitations of the surveys and studies; and
       ``(6) make data available to statistical agencies and 
     readily accessible to the public.
       ``(f) With respect to records management, each agency shall 
     implement and enforce applicable policies and procedures, 
     including requirements for archiving information maintained 
     in electronic format, particularly in the planning, design 
     and operation of information systems.
       ``(g) With respect to privacy and security, each agency 
     shall--
       ``(1) implement and enforce applicable policies, 
     procedures, standards, and guidelines on privacy, 
     confidentiality, security, disclosure and sharing of 
     information collected or maintained by or for the agency;
       ``(2) assume responsibility and accountability for 
     compliance with and coordinated management of sections 552 
     and 552a of title 5, the Computer Security Act of 1987 (40 
     U.S.C. 759 note), and related information management laws; 
     and
       ``(3) consistent with the Computer Security Act of 1987 (40 
     U.S.C. 759 note), identify and afford security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the loss, misuse, or unauthorized access to or 
     modification of information collected or maintained by or on 
     behalf of an agency.
       ``(h) With respect to Federal information technology, each 
     agency shall--
       ``(1) implement and enforce applicable Governmentwide and 
     agency information technology management policies, 
     principles, standards, and guidelines;
       ``(2) assume responsibility and accountability for 
     information technology investments;
       ``(3) promote the use of information technology by the 
     agency to improve the productivity, efficiency, and 
     effectiveness of agency programs, including the reduction of 
     information collection burdens on the public and improved 
     dissemination of public information;
       ``(4) propose changes in legislation, regulations, and 
     agency procedures to improve information technology 
     practices, including changes that improve the ability of the 
     agency to use technology to reduce burden; and
       ``(5) assume responsibility for maximizing the value and 
     assessing and managing the risks of major information systems 
     initiatives through a process that is--
       ``(A) integrated with budget, financial, and program 
     management decisions; and
       ``(B) used to select, control, and evaluate the results of 
     major information systems initiatives.

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

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

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

       ``(2) the Director has approved the proposed collection of 
     information or approval has been inferred, under the 
     provisions of this section; and
       ``(3) the agency has obtained from the Director a control 
     number to be displayed upon the collection of information.
       ``(b) The Director shall provide at least 30 days for 
     public comment prior to making a decision under subsection 
     (c), (d), or (h), except as provided under subsection (j).
       ``(c)(1) For any proposed collection of information not 
     contained in a proposed rule, the Director shall notify the 
     agency involved of the decision to approve or disapprove the 
     proposed collection of information.
       ``(2) The Director shall provide the notification under 
     paragraph (1), within 60 days after receipt or publication of 
     the notice under subsection (a)(1)(D), whichever is later.
       ``(3) If the Director does not notify the agency of a 
     denial or approval within the 60-day period described under 
     paragraph (2)--
       ``(A) the approval may be inferred;
       ``(B) a control number shall be assigned without further 
     delay; and
       ``(C) the agency may collect the information for not more 
     than 1 year.
       ``(d)(1) For any proposed collection of information 
     contained in a proposed rule--
       ``(A) as soon as practicable, but no later than the date of 
     publication of a notice of proposed rulemaking in the Federal 
     Register, each agency shall forward to the Director a copy of 
     any proposed rule which contains a collection of information 
     and any information requested by the Director necessary to 
     make the determination required under this subsection; and
       ``(B) within 60 days after the notice of proposed 
     rulemaking is published in the Federal Register, the Director 
     may file public comments pursuant to the standards set forth 
     in section 3508 on the collection of information contained in 
     the proposed rule;
       ``(2) When a final rule is published in the Federal 
     Register, the agency shall explain--
       ``(A) how any collection of information contained in the 
     final rule responds to the comments, if any, filed by the 
     Director or the public; or
       ``(B) the reasons such comments were rejected.
       ``(3) If the Director has received notice and failed to 
     comment on an agency rule within 60 days after the notice of 
     proposed rulemaking, the Director may not disapprove any 
     collection of information specifically contained in an agency 
     rule.
       ``(4) No provision in this section shall be construed to 
     prevent the Director, in the Director's discretion--
       ``(A) from disapproving any collection of information which 
     was not specifically required by an agency rule;
       ``(B) from disapproving any collection of information 
     contained in an agency rule, if the agency failed to comply 
     with the requirements of paragraph (1) of this subsection;
       ``(C) from disapproving any collection of information 
     contained in a final agency rule, if the Director finds 
     within 60 days after the publication of the final rule that 
     the agency's response to the Director's comments filed under 
     paragraph (2) of this subsection was unreasonable; or
       ``(D) from disapproving any collection of information 
     contained in a final rule, if--
       ``(i) the Director determines that the agency has 
     substantially modified in the final rule the collection of 
     information contained in the proposed rule; and
       ``(ii) the agency has not given the Director the 
     information required under paragraph (1) with respect to the 
     modified collection of information, at least 60 days before 
     the issuance of the final rule.
       ``(5) This subsection shall apply only when an agency 
     publishes a notice of proposed rulemaking and requests public 
     comments.
       ``(6) The decision by the Director to approve or not act 
     upon a collection of information contained in an agency rule 
     shall not be subject to judicial review.
       ``(e)(1) Any decision by the Director under subsection (c), 
     (d), (h), or (j) to disapprove a collection of information, 
     or to instruct the agency to make substantive or material 
     change to a collection of information, shall be publicly 
     available and include an explanation of the reasons for such 
     decision.
       ``(2) Any written communication between the Administrator 
     of the Office of Information and Regulatory Affairs, or any 
     employee of the Office of Information and Regulatory Affairs, 
     and an agency or person not employed by the Federal 
     Government concerning a proposed collection of information 
     shall be made available to the public.
       ``(3) This subsection shall not require the disclosure of--
     [[Page H4097]]   ``(A) any information which is protected at 
     all times by procedures established for information which has 
     been specifically authorized under criteria established by an 
     Executive order or an Act of Congress to be kept secret in 
     the interest of national defense or foreign policy; or
       ``(B) any communication relating to a collection of 
     information which is not approved under this chapter, the 
     disclosure of which could lead to retaliation or 
     discrimination against the communicator.
       ``(f)(1) An independent regulatory agency which is 
     administered by 2 or more members of a commission, board, or 
     similar body, may by majority vote void--
       ``(A) any disapproval by the Director, in whole or in part, 
     of a proposed collection of information of that agency; or
       ``(B) an exercise of authority under subsection (d) of 
     section 3507 concerning that agency.
       ``(2) The agency shall certify each vote to void such 
     disapproval or exercise to the Director, and explain the 
     reasons for such vote. The Director shall without further 
     delay assign a control number to such collection of 
     information, and such vote to void the disapproval or 
     exercise shall be valid for a period of 3 years.
       ``(g) The Director may not approve a collection of 
     information for a period in excess of 3 years.
       ``(h)(1) If an agency decides to seek extension of the 
     Director's approval granted for a currently approved 
     collection of information, the agency shall--
       ``(A) conduct the review established under section 3506(c), 
     including the seeking of comment from the public on the 
     continued need for, and burden imposed by the collection of 
     information; and
       ``(B) after having made a reasonable effort to seek public 
     comment, but no later than 60 days before the expiration date 
     of the control number assigned by the Director for the 
     currently approved collection of information, submit the 
     collection of information for review and approval under this 
     section, which shall include an explanation of how the agency 
     has used the information that it has collected.
       ``(2) If under the provisions of this section, the Director 
     disapproves a collection of information contained in an 
     existing rule, or recommends or instructs the agency to make 
     a substantive or material change to a collection of 
     information contained in an existing rule, the Director 
     shall--
       ``(A) publish an explanation thereof in the Federal 
     Register; and
       ``(B) instruct the agency to undertake a rulemaking within 
     a reasonable time limited to consideration of changes to the 
     collection of information contained in the rule and 
     thereafter to submit the collection of information for 
     approval or disapproval under this chapter.
       ``(3) An agency may not make a substantive or material 
     modification to a collection of information after such 
     collection has been approved by the Director, unless the 
     modification has been submitted to the Director for review 
     and approval under this chapter.
       ``(i)(1) If the Director finds that a senior official of an 
     agency designated under section 3506(a) is sufficiently 
     independent of program responsibility to evaluate fairly 
     whether proposed collections of information should be 
     approved and has sufficient resources to carry out this 
     responsibility effectively, the Director may, by rule in 
     accordance with the notice and comment provisions of chapter 
     5 of title 5, United States Code, delegate to such official 
     the authority to approve proposed collections of information 
     in specific program areas, for specific purposes, or for all 
     agency purposes.
       ``(2) A delegation by the Director under this section shall 
     not preclude the Director from reviewing individual 
     collections of information if the Director determines that 
     circumstances warrant such a review. The Director shall 
     retain authority to revoke such delegations, both in general 
     and with regard to any specific matter. In acting for the 
     Director, any official to whom approval authority has been 
     delegated under this section shall comply fully with the 
     rules and regulations promulgated by the Director.
       ``(j)(1) The agency head may request the Director to 
     authorize a collection of information, if an agency head 
     determines that--
       ``(A) a collection of information--
       ``(i) is needed prior to the expiration of time periods 
     established under this chapter; and
       ``(ii) is essential to the mission of the agency; and
       ``(B) the agency cannot reasonably comply with the 
     provisions of this chapter because--
       ``(i) public harm is reasonably likely to result if normal 
     clearance procedures are followed;
       ``(ii) an unanticipated event has occurred; or
       ``(iii) the use of normal clearance procedures is 
     reasonably likely to prevent or disrupt the collection of 
     information or is reasonably likely to cause a statutory or 
     court ordered deadline to be missed.
       ``(2) The Director shall approve or disapprove any such 
     authorization request within the time requested by the agency 
     head and, if approved, shall assign the collection of 
     information a control number. Any collection of information 
     conducted under this subsection may be conducted without 
     compliance with the provisions of this chapter for a maximum 
     of 90 days after the date on which the Director received the 
     request to authorize such collection.
     ``Sec. 3508. Determination of necessity for information; 
       hearing

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

     ``Sec. 3509. Designation of central collection agency

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

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

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

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

       ``(a) In order to assist agencies and the public in 
     locating information and to promote information sharing and 
     equitable access by the public, the Director shall--
       ``(1) cause to be established and maintained a distributed 
     agency-based electronic Government Information Locator 
     Service (hereafter in this section referred to as the 
     `Service'), which shall identify the major information 
     systems, holdings, and dissemination products of each agency;
       ``(2) require each agency to establish and maintain an 
     agency information locator service as a component of, and to 
     support the establishment and operation of the Service;
       ``(3) in cooperation with the Archivist of the United 
     States, the Administrator of General Services, the Public 
     Printer, and the Librarian of Congress, establish an 
     interagency committee to advise the Secretary of Commerce on 
     the development of technical standards for the Service to 
     ensure compatibility, promote information sharing, and 
     uniform access by the public;
       ``(4) consider public access and other user needs in the 
     establishment and operation of the Service;
       ``(5) ensure the security and integrity of the Service, 
     including measures to ensure that only information which is 
     intended to be disclosed to the public is disclosed through 
     the Service; and
       ``(6) periodically review the development and effectiveness 
     of the Service and make recommendations for improvement, 
     including other mechanisms for improving public access to 
     Federal agency public information.
       ``(b) This section shall not apply to operational files as 
     defined by the Central Intelligence Agency Information Act 
     (50 U.S.C. 431 et seq.).

     ``Sec. 3512. Public protection

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

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

       ``(a) In consultation with the Administrator of General 
     Services, the Archivist of the United States, the Director of 
     the National Institute of Standards and Technology, and the 
     Director of the Office of Personnel Management, the Director 
     shall periodically review selected agency information 
     resources management activities to ascertain the efficiency 
     and effectiveness of such activities to improve agency 
     performance and the accomplishment of agency missions.
       ``(b) Each agency having an activity reviewed under 
     subsection (a) shall, within 60 days after receipt of a 
     report on the review, provide a written plan to the Director 
     describing steps (including milestones) to--
       ``(1) be taken to address information resources management 
     problems identified in the report; and
      [[Page H4098]]   ``(2) improve agency performance and the 
     accomplishment of agency missions.

     ``Sec. 3514. Responsiveness to Congress

       ``(a)(1) The Director shall--
       ``(A) keep the Congress and congressional committees fully 
     and currently informed of the major activities under this 
     chapter; and
       ``(B) submit a report on such activities to the President 
     of the Senate and the Speaker of the House of Representatives 
     annually and at such other times as the Director determines 
     necessary.
       ``(2) The Director shall include in any such report a 
     description of the extent to which agencies have--
       ``(A) reduced information collection burdens on the public, 
     including--
       ``(i) a summary of accomplishments and planned initiatives 
     to reduce collection of information burdens;
       ``(ii) a list of all violations of this chapter and of any 
     rules, guidelines, policies, and procedures issued pursuant 
     to this chapter;
       ``(iii) a list of any increase in the collection of 
     information burden, including the authority for each such 
     collection; and
       ``(iv) a list of agencies that in the preceding year did 
     not reduce information collection burdens in accordance with 
     section 3505(a)(1), a list of the programs and statutory 
     responsibilities of those agencies that precluded that 
     reduction, and recommendations to assist those agencies to 
     reduce information collection burdens in accordance with that 
     section;
       ``(B) improved the quality and utility of statistical 
     information;
       ``(C) improved public access to Government information; and
       ``(D) improved program performance and the accomplishment 
     of agency missions through information resources management.
       ``(b) The preparation of any report required by this 
     section shall be based on performance results reported by the 
     agencies and shall not increase the collection of information 
     burden on persons outside the Federal Government.

     ``Sec. 3515. Administrative powers

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

     ``Sec. 3516. Rules and regulations

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

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

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

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

       ``Under the conditions and procedures prescribed in section 
     716 of title 31, the Director and personnel in the Office of 
     Information and Regulatory Affairs shall furnish such 
     information as the Comptroller General may require for the 
     discharge of the responsibilities of the Comptroller General. 
     For the purpose of obtaining such information, the 
     Comptroller General or representatives thereof shall have 
     access to all books, documents, papers and records, 
     regardless of form or format, of the Office.

     ``Sec. 3520. Authorization of appropriations

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

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

     SEC. 4. EFFECTIVE DATE.

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

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

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

                                               [[Page H4099]]

     JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 244) to further the 
     goals of the Paperwork Reduction Act to have Federal agencies 
     become more responsible and publicly accountable for reducing 
     the burden of Federal paperwork on the public, and for other 
     purposes submit the following joint statement to the House 
     and the Senate in explanation of the effect of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report: The House amendment struck 
     all of the Senate bill after the enacting clause and inserted 
     a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor and clerical changes.
     Short title (sec. 1)
       The Senate bill contained a provision (section 101) that 
     would establish the short title of the title I of the Senate 
     bill as the ``Paperwork Reduction Act of 1995''.
       The House amendment (section 1) contained a provision that 
     would establish the short title of the act as the ``Paperwork 
     Reduction Act of 1995''.
       The conferees agree that the short title of the act should 
     be the ``Paperwork Reduction Act of 1995''.
     Coordination of Federal information policy (sec. 2)
       The Senate bill contained a provision (sec. 102) that would 
     provide a complete text of chapter 35 of title 44, United 
     States Code, the codified version of the Paperwork Reduction 
     Act of 1980, as previously amended.
       The House amendment contained a similar provision (sec. 2).
       The conference agreement reflects the following differences 
     between the text of the Paperwork Reduction Act as contained 
     in the Senate bill and the text contained in the House 
     amendment.
       1. Prior Legislative History Expressly Preserved.
       Section 2 of the Paperwork Reduction Act of 1995 is drafted 
     in the form of a complete recodification of chapter 35 of 
     title 44, United States Code, due to the number of changes 
     made. The modifications include word changes made for reasons 
     of clarity and consistency, the deletion of obsolete 
     provisions, the reorganization of sections, and substantive 
     amendments made to update and strengthen the original 
     purposes of the Paperwork Reduction Act of 1980. As stated in 
     report accompanying the S. 244 (S. Rpt. 104-8):
       ``To the extent the legislation is a restatement of the 
     1980 Act, as amended in 1988, the scope, underlying purposes, 
     basic requirements, and legislative history of the law are 
     unchanged. To the extent the legislation modifies provisions 
     in current law, the amendments are made strictly for the 
     purposes described in this report, and in order to further 
     the purposes of the original law.'' (S. Rpt. 104-4 at page 3)
       The report accompanying H.R. 830, H. Rpt. 104-37, expressed 
     essentially the same views regarding the preservation of the 
     Act's legislative history. (See, H. Rpt. 104-37 at page 35).
       With respect to the views expressed in the reports 
     accompanying S. 244 and H.R. 830 regarding the effect of the 
     adopted format of both bills, a recodification of chapter 35 
     of title 44, United States Code, the conferees adopt and 
     reiterate the positions expressed by those reports. 
     Amendments to current law effected by this conference 
     agreement are done for the purposes subsequently described in 
     this Joint Explanatory Statement.
       2. Definition of ``collection of information''.
       The Senate bill contained a modified definition of 
     ``collection of information'', which including adding a 
     cross-reference to 35 U.S.C. 3518(c)(2) relating to the 
     exclusion of certain types of collections of information from 
     coverage under chapter 35 of Title 44.
       The House amendment contained no similar modification to 
     existing law.
       The House recedes.
       The conferees expressly note that the addition of the 
     cross-reference to 35 U.S.C. 3518(c)(2) within the definition 
     of the term ``collection of information'' is not intended to 
     reflect any substantive change to existing law or to serve as 
     a justification for any change by Federal agencies in the use 
     of the authority granted by section 3518(c)(2).
       3. Definition of ``information system''.
       The Senate bill contained an expanded definition of 
     ``information system''.
       The House amendment added the phrase ``and processes, 
     automated or manual''.
       The House recedes.
       4. Definition of ``information technology''.
       The Senate bill contained a new definition of ``information 
     technology'' (44 U.S.C. 3502(9).
       The House amendment contained a similar definition that did 
     not contain some of the cross-references.
       The House recedes.
       The conferees note that the definition of ``information 
     technology'' contained in section 3502(9) is intended to 
     preserve the exemption for intelligence and military 
     information technology that is found in current law, 
     specifically the definition of ``automatic data processing'', 
     Section 3502(2). For the purpose of mere statutory 
     simplification, the current exemption was incorporated by a 
     simple reference to the so-called ``Warner Amendment'' to the 
     Brooks Automatic Data Processing Act, Section 111(a)(3)(C) 
     (i) through (v) of the Federal Property and Administrative 
     Services Act of 1947 (40 U.S.C. 759(a)(3)(C)(i)-(v)). As 
     under current section 3502(2), the exemption applies to 
     information technology, the function, operation, or use of 
     which involves activities specified in the ``Warner 
     Amendment'', namely: intelligence activities; cryptologic 
     activities related to national security; the direct command 
     and control of military forces; equipment which is an 
     integral part of a weapon or weapons system; or information 
     technology that is critical to the direct fulfillment of 
     military or intelligence missions (but excludes information 
     technology used for routine administrative and business 
     applications, such as payroll, finance, logistics, and 
     personnel management).
       In this regard, the conferees note that OMB has not 
     interpreted the authority granted by section 3504(f)(1) of 
     the existing Paperwork Reduction Act to oversee the 
     management of either classified or unclassified information 
     which would typically be resident in information technology 
     that itself is not subject to OMB's oversight under the Act 
     (e.g., an information system which is an integral part of a 
     weapons system). Given the express intent to preserve 
     existing law regarding the exclusion of information 
     technology covered by the so-called ``Warner Amendment'' to 
     the Brooks Automatic Data Processing Act, the conferees would 
     note that the changes made by this Act do not grant any new 
     authority or diminish any existing authority for OMB to 
     develop or oversee security policies, principles, or 
     guidelines applicable to information resident in information 
     technology subject to the ``Warner Amendment'' exemption. 
     Similarly, the amendments made by this definition change are 
     not intended to impair OMB's budgetary oversight of such 
     information technology or its other existing authorities.
       With regard to the modifications being made to section 
     3504(f)(3) of existing law, the conferees intend that revised 
     section 3504(g)(2) continue to be implemented consistent with 
     the provisions of the Computer Security Act of 1987 (40 
     U.S.C. 759), which assigns to the National Institute of 
     Standards and Technology responsibility for developing 
     technical, management, physical, and administrative policies, 
     principles, standards, and guidelines for the cost-effective 
     security and privacy of sensitive information in Federal 
     computer systems subject to that act.
       5. Definition of ``recordkeeping requirement''.
       The Senate bill contained a modified definition designed to 
     make explicit the Act's coverage of so-called third-party 
     recordkeeping requirements to correct the ambiguity that lead 
     to the adverse 1990 Supreme Court decision in Dole v. United 
     Steelworkers of America.
       The House amendment contained additional detail in this 
     regard.
       The Senate recedes with a clarifying amendment.
       6. Office of Information and Regulatory Affairs--
     Qualifications of Administrator and Employees.
       The Senate bill added a new subsection (c) to section 3503 
     regarding the professional qualifications of the 
     Administrator of the Office of Information and Regulatory 
     Affairs (OIRA) and the employees of that office.
       The House amendment contained no similar provision.
       The Senate recedes.
       The conferees note that the purpose of this provision was 
     to assure that adequate attention was given to the full range 
     of responsibilities assigned to OIRA and its Administrator by 
     the Paperwork Reduction Act of 1980, as amended. Such 
     considerations are appropriate in the Presidential selection 
     of a nominee for OIRA Administrator and in the Senate's 
     consideration of that nominee, while recognizing the 
     practical realities of requiring that a ``qualified'' 
     candidate have substantial capabilities over the very broad 
     range of responsibilities assigned to OIRA by the Act. Such 
     practical considerations should also apply to the 
     Administrator's selection of OIRA employees as well as the 
     utility of having more narrowly focused ``subject matter 
     specialists'' available on the OIRA staff.
       7. Authority and functions of the Director--Burden 
     reduction as an objective of information resources 
     management.
       The Senate bill contained a substantial modification to 
     section 3504(a)(1) regarding the responsibilities of the OMB 
     Director to oversee the Government's information resources 
     with the objective of improving the effectiveness of Federal 
     agency operations.
       The House amendment contained no similar provision.
       The House recedes with an amendment that adds to the Senate 
     provision the concept that information resources management 
     is also a substantial tool to minimize the burdens which the 
     Government imposes on the public.
       8. Authority and functions of the Director--Approval of 
     proposed collections of information.
       The Senate bill contained a modification to section 
     3504(a)(1)(B) relating to the authority of the OMB Director 
     to review and 
     [[Page H4100]] approve (or disapprove) a collection of 
     information being proposed by an agency.
       The House amendment includes a similar provision which 
     retains the explicit reference to ``review and approval'' 
     existing in current law.
       The Senate recedes.
       The conferees reiterate the existing interpretation of the 
     authority granted to the OMB Director under section 
     3504(a)(1)(B): that the power to ``approve'' a proposed 
     agency paperwork requirement is the power to disapprove such 
     a proposed collection. This has been the consistent 
     interpretation of this provision since the enactment of the 
     1980 Act.
       9. Authority and functions of the Director--Standard of 
     Review for Proposed Agency Collections of Information.
       The Senate bill amended section 3504(c)(1) regarding the 
     OMB Director's authority to review and approve a proposed 
     agency collections of information, seeking to cross-
     reference, and paraphrase, section 3508 which sets forth the 
     Act's fundamental standard for the review of such a proposed 
     collection of information by both the proposing agency and 
     the OMB Director.
       The House amendment included a direct statement of the OMB 
     Director's authority to review and approve proposed agency 
     collections of information.
       The Senate recedes.
       10. Authority and functions of Director--Coordination with 
     Office of Federal Procurement Policy regarding payment.
       The Senate bill contains a modification to section 
     3504(c)(2) relating to establishing a formal coordination 
     between OIRA and the Office of Federal Procurement Policy 
     (OFPP) regarding minimizing paperwork burdens associated with 
     the Federal procurement process.
       The House amendment contained a similar provision, but 
     specifically identified the burdens associated with the 
     payment of contractors for work performed.
       The Senate recedes.
       The conferees note that the Prompt Payment Act Amendments 
     of 1988 specifically encourage the use of electronic fund 
     transfers for the payment of contractors. More recently, the 
     Federal Acquisition Streamlining Act of 1994 (FASA) continues 
     this emphasis on increasing the use of electronic fund 
     transfers by designating electronic payment of contractors as 
     one of the benchmarks for determining the full capability of 
     FACNET. Finally, the conferees note that simplified 
     procedures for solicitation and award of contracts below the 
     Simplified Acquisition Threshold (SAT), $100,000, being 
     proposed as amendments to the Government-wide Federal 
     Acquisition Regulation (FAR), should include authority for 
     equally expedited contract payment procedures for work 
     performed.
       11. Authority and functions of Director--Special small 
     business size standard for Paperwork Reduction Act.
       The House amendment modified the OMB's Director's 
     responsibilities under section 3504(c) by adding a new 
     paragraph (6) which placed a special emphasis on minimizing 
     the burden on small businesses with 50 or fewer employees. 
     New section 3504(c)(6) was added as a floor amendment to the 
     reported House bill, H.R. 830.
       The Senate bill contains no similar provision.
       The House recedes.
       The conferees note that the section 3 of the Small Business 
     Act provides Government-wide authority for the Small Business 
     Administration (SBA) to establish by regulation numerical 
     size standards under which a business concern will be 
     recognized as a small business concern. SBA has established 
     specific size standards for various types of business 
     concerns in consonance with the system of standard industrial 
     classification (SIC) codes, used to categorize business 
     activity. Size standards are generally established by number 
     of employees for firms engaged in manufacturing. Size 
     standards for firms providing services are established on the 
     basis of annual gross receipts averaged over a three-year 
     period.
       Statutorily-established small business size standards have 
     generally been avoided by the Congress because of their 
     rigidity. If enacted, such a statutory size standard has 
     generally been used to establish with certainty a ``small 
     business'' exception to the statute's general applicability 
     or a threshold for a phased-in application.
       12. Assignment of tasks and deadlines--Government-wide 
     paperwork burden reduction goals.
       The Senate bill amends section 3505(a) to provide for a 5 
     percent Government-wide goal for the reduction of paperwork 
     burdens imposed by the Government on the public.
       The House amendment contains a 10 percent Government-wide 
     paperwork burden reduction goal.
       The Senate recedes with an amendment. The conference 
     agreement provides for a 10 percent goal for each of the 
     fiscal years 1996 and 1997 and a 5 percent goal for each of 
     the fiscal years 1998 through 2001.
       The conferees note that the Government-wide paperwork 
     reduction goal is calculated on the basis of a ``baseline'' 
     which is the aggregate paperwork burden imposed during the 
     prior fiscal year. The conferees also note that individual 
     agency goals negotiated with OIRA may differ depending on the 
     agency's potential to reduce the paperwork burden such agency 
     imposes on the public. Goals negotiated with some agencies 
     may substantially exceed the Government-wide goal, while 
     those negotiated with other agencies may be substantially 
     less.
       13. Assignment of tasks and deadlines--Pilot projects to 
     test alternative practices to minimize paperwork burdens.
       The Senate bill amends Section 3505 to provide statutory 
     authority for the OMB Director to establish voluntary pilot 
     programs to test alternative policies, practices, regulations 
     and procedures to minimize the information collection burden 
     imposed on particular segments of the public.
       The House amendment included a new subsection (b) to 
     Section 3505, which specifically authorized the OMB Director 
     to waive the application of any regulation or administrative 
     directive needed to undertake a burden reduction pilot 
     project. Notice of such waiver was required to the public and 
     the Congress.
       The Senate recedes with an amendment. The conference 
     agreement does not provide any authority for the OMB Director 
     to unilaterally waive any regulation in support of a burden 
     reduction pilot project. If a regulation must be waived in 
     support of such a pilot project, such regulatory waiver must 
     be: (1) permissible under the statutory authority 
     underpinning the regulation; and (2) implementation through a 
     formal regulatory change, meeting the same Administrative 
     Procedure Act standards as used to promulgate the regulation 
     proposed for waiver.
       14. Federal agency responsibilities--DOD and Military 
     departments authorized to designate multiple ``senior 
     officials''.
       The Senate bill preserves existing law in section 
     3506(a)(2)(B) which permits the Secretary of Defense and the 
     Secretary of a Military Department to designate multiple 
     ``senior officials'' responsible for the Act's implementation 
     within the Office of the Secretary of Defense or that 
     Military Department. The Senate bill amends existing law to 
     require that the respective duties of each such ``senior 
     official'' be clearly delineated if either the Secretary of 
     Defense or a Service Secretary should choose to designate 
     more than one such ``senior official''. Under current law, 
     only the Secretary of a Military Department has a statutory 
     obligation to delineate the respective duties of multiple 
     ``senior officials'' designated by such officer.
       The House amendment uses the terminology of ``a senior 
     official'', under the legislative drafting convention that 
     the singular provides for the plural, unless expressly 
     prohibited. The House amendment preserved the statutory 
     anomaly exempting the Secretary of Defense from the 
     requirement to delineate the respective duties of multiple 
     ``senior officials'' within the Office of the Secretary of 
     Defense, (although three such ``senior officials'' are 
     currently designated and their respective duties are 
     delineated).
       The House recedes.
       15. Federal agency responsibilities--Cross-reference to 
     ``Fast Track'' Procedures under Section 3507(j).
       The House amendment to section 3506(c)(2)(A) qualifies the 
     general requirement to provide a 60-day period for public 
     comment on a proposed collection of information with the 
     phrase ``except for good cause'' to provide broad authority 
     to the OMB Director to waive the public participation 
     requirement when necessary.
       The Senate bill amends section 3507(j), which authorizes 
     the so-called ``Fast Track'' review procedures (that is, the 
     very expedited review of a proposed collection of information 
     without any opportunity for public comment prior to 
     approval), to obtain the same statutory objective sought by 
     the House amendment.
       The House recedes with an amendment. The conference 
     agreement provides for adding to section 3506(c)(2)(A) a 
     cross-reference to the ``Fast Track'' authority provided in 
     section 3507(j).
       16. Federal agency responsibilities--Record retention 
     period to be specified for any recordkeeping requirement.
       The House amendment adds a provision to Section 3506(c)(3) 
     which would require that any recordkeeping requirement 
     specify the length of time such records must be maintained.
       The Senate bill does not contain a similar provision.
       The Senate recedes.
       17. Federal agency responsibilities--Special small business 
     size standard for Paperwork Reduction Act.
       The House amendment adds a provision to Section 3506(c) 
     relating to agency responsibilities regarding minimizing 
     paperwork burdens imposed on the public by requiring that a 
     special emphasis be placed on minimizing the burden on small 
     businesses with 50 or fewer employees. New Section 3506(c)(4) 
     was added as a floor amendment to the reported House bill, 
     H.R. 830.
       The Senate bill contains no similar provision.
       The House recedes.
       The conferees note that section 3 of the Small Business Act 
     provides Government-wide authority for the Small Business 
     Administration (SBA) to establish by regulation numerical 
     size standards under which a business concern will be 
     recognized as a ``small business concern.'' SBA has 
     established specific size standards for various types of 
     business concerns in consonance with the system of standard 
     industrial classification (SIC) codes, used to categorize 
     business activity. Size standards are generally established 
     by number of employees for firms engaged in manufacturing. 
     Size 
     [[Page H4101]] standards for firms providing services are 
     established on the basis of annual gross receipts averaged 
     over a three year period.
       Statutorily-established small business size standards have 
     generally been avoided by the Congress because of their 
     rigidity. If enacted, such a statutory size standard has 
     generally been used to establish with certainty a ``small 
     business'' exception to a statute's general applicability or 
     to define a threshold for a phased-in application.
       18. Federal agency responsibilities--Information 
     dissemination standards.
       The Senate bill adds a new Section 3506(d) which 
     establishes information dissemination standards for the 
     various Federal agencies.
       The House amendment contains essentially similar 
     provisions, except that the House provision requires that: 
     (a) the public have ``equal'' as well as ``timely'' and 
     ``equitable'' access to the information collected by the 
     agency; and (b) access be made available to the ``underlying 
     data'', if an agency provides information to the public in an 
     electronic format.
       The Senate recedes with an amendment. The conference 
     agreement adopts the provision of the House amendment 
     assuring public access to ``underlying data'' if a agency 
     chooses to furnish information in an electronic format.
       The conferees concluded that the word ``equal'' was 
     unnecessary in the agreed-upon text of section 3506(d)(1), 
     given that the statutory obligation for an agency ensure that 
     the public has ``timely'' and ``equitable'' access to 
     information in the possession of the agency includes the 
     obligation to make such information available on a non-
     discriminatory and non-exclusive basis to any public or 
     private entity for any lawful purpose. This obligation is 
     sufficient to prevent agencies from discriminating against or 
     otherwise disadvantaging any class of users, particularly 
     commercial users.
       19. Federal agency responsibilities--Notice of Changes 
     Regarding Information Dissemination Products.
       The House amendment adding a new section 3506(d), which 
     establishes information dissemination standards for Federal 
     agencies, includes a provision requiring an agency to provide 
     adequate public notice when initiating, substantially 
     modifying, or terminating a significant information 
     dissemination project.
       The Senate bill does not contain a similar provision.
       The Senate recedes.
       20. Federal agency responsibilities--User Fees.
       The House amendment adding a new section 3506(d), which 
     establishes information dissemination standards for Federal 
     agencies, includes a provision specifying procedures under 
     which an agency head can petition the OMB Director to 
     authorize user fees in excess of the cost of dissemination, 
     the general rule established by section 3506(d)(4)(D).
       The Senate bill does not contain a similar provision.
       The House recedes.
       21. Federal agency responsibilities--Information Technology 
     Management.
       The Senate bill requires that each Federal agency take 
     certain actions to ``ensure'' responsibility for effective 
     management of its information technology resources.
       The House amendment requires each Federal agency to 
     ``assume'' responsibility for an identical set of management 
     actions.
       The Senate recedes.
       22. Public Information collection activities; submission to 
     Director; approval and delegation--Unspecified ``Fast Track'' 
     Alternative.
       The Senate bill amends section 3507(j) of existing law to 
     provide additional flexibility in the so-called ``Fast 
     Track'' review process, under which a proposed collection of 
     information can be reviewed on a very expedited schedule 
     without any opportunity for public notice or comment prior to 
     approval by the OMB Director.
       The House amendment sought to provide the same additional 
     flexibility by amending section 3507(b) to include any 
     additional waiver of the normal review process ``for good 
     cause''.
       The House recedes.
       23. Public information collection activities; submission to 
     Director; approval and delegation--Duration of ``Default'' 
     Approval.
       The Senate bill requires the assignment of a valid control 
     number permitting an agency to use a collection of 
     information for a period of not more than two years, if the 
     OMB Director fails to take action regarding a proposed 
     collection of information (not contained in a rule) within a 
     specified 60-day period.
       The House amendment contained an identical provision, 
     except that the control number remained valid for not more 
     than one year.
       The Senate recedes.
       24. Public information collection activities; submission to 
     Director; approval and delegation--Standard for disapproval 
     of a collection of information contained in a final agency 
     rule.
       The House amendment to new section 3507(d), which specifies 
     procedures for the review of a proposed collection of 
     information contained in a proposed rule, includes a 
     modification to section 3507(d)(4)(C), to make more explicit 
     the standard of review to be used by the OMB Director.
       The Senate bill makes use of the language found in existing 
     law.
       The House recedes.
       25. Public information collection activities; submission to 
     Director; approval and delegation--Disclosure of written 
     communications.
       The Senate bill expands the Act's current requirement to 
     disclose any written communication regarding a proposed 
     collection of information between a person not employed by 
     the Federal Government and the OIRA Administrator or any OIRA 
     employee to include the ``Office of the Director'' of OMB.
       The House amendment maintains current law.
       The Senate recedes.
       26. Public information collection activities; submission to 
     Director; approval and delegation--``Whistleblower'' 
     Protection.
       The Senate bill includes a new provision at section 
     3507(e)(3)(B), which provides anonymity to a communication 
     received by OIRA from a private sector ``whistleblower'', 
     regarding an unapproved (or so-called ``bootleg'') collection 
     of information.
       The House amendment contained a whistleblower protection 
     provision that was not restricted to ``bootleg'' collections 
     of information.
       The House recedes with an amendment. The conference 
     agreement provides the ``whistleblower'' protection to a 
     communication regarding a collection of information that does 
     not display a control number that is currently in effect. 
     Thus, the provision now provides protection regarding 
     communications relating collections of information that were 
     never approved as well as those for which an approval has 
     expired.
       27. Public Information collection activities; submission to 
     Director; approval and delegation--Improved ``Fast Track'' 
     Procedures.
       The Senate bill amends 3507(j) of existing law to provide 
     additional flexibility in the so-called ``Fast Track'' review 
     process, under a proposed collection of information can be 
     reviewed on an very expedited schedule without any 
     opportunity for public notice or comment prior to approval by 
     the OMB Director.
       The House amendment reflects existing law.
       The House recedes.
       The conferees note that no instance has been identified in 
     the 15 years of experience under the Act in which its ``Fast 
     Track'' review procedures have not been made available to an 
     agency under the current version of section 3507(j), or the 
     proposed collection of information has not been cleared on an 
     schedule that completely accommodated the agency's exigent 
     circumstances.
       28. Determination of necessity for information; hearing.
       The Senate bill modifies section 3508 of the Act, which 
     establishes the fundamental standard used by the Director in 
     determining whether to approve a collection of information 
     being proposed by an agency.
       The House amendment reflects existing law.
       The Senate recedes.
       29. Establishment and operation of Government Information 
     Locator Service--Specific exclusion for CIA ``operational 
     files''.
       The Senate bill includes a provision which provides for the 
     establishment and operation of the Government Information 
     Locator Service (GILS). The Senate provisions includes an 
     explicit exclusion from GILS for ``operational files'' as 
     defined in the Central Intelligence Agency Information Act.
       The House amendment contains an identical provision 
     regarding GILS, but does not include the specific exclusion 
     for the CIA's ``operational files''.
       The House recedes.
       30. Public Protection.
       The Senate bill contains a provision which changes the 
     Act's current ``public protection'' provision by requiring a 
     collection of information subject to the Act display a notice 
     that a person is not required to respond to the collection of 
     information unless it displays a control number which is 
     valid.
       The House amendment contains a provision which clarifies 
     and strengthens the Act's current ``public protection'' 
     provision by enabling a person to assert this protection at 
     any time during an agency administrative process or any 
     subsequent judicial review of an agency action involving a 
     penalty.
       The Senate recedes with an amendment. The conference 
     agreement clarifies and strengthens the Act's ``public 
     protection'' provision by explicitly providing that the 
     protection provided by the section may be asserted or raised 
     by a person in the form of a complete defense, bar or other 
     manner, at any time during a agency administrative process or 
     any subsequent judicial review. The protection provided by 
     the section applies if the agency fails to display a valid 
     control number, or inform the person that they are not 
     required to respond to a collection of information unless it 
     displays a valid control number.
       For collections of information contained in a rule, 
     agencies must provide the required information in a manner 
     reasonably calculated to inform the public. Notice may be 
     provided in the preamble to a final rule containing the 
     collection of information, or in a general notice in the 
     volume of the Code of Federal Regulation in which the 
     agency's regulations appear.
       The conference agreement also provides for the inclusion of 
     a definition of ``penalty'', a term used in section 3512. The 
     new statutory definition of ``penalty'' is substantially 
     identical to the definition of ``penalty'' found in 
     [[Page H4102]] the Act's implementing regulation, at 5 C.F.R. 
     1320.7(m).
       The conference agreement further provides for an additional 
     modification to section 3506(c)(1)(B), which specifies the 
     information to be provided to the public with respect to an 
     agency collection of information. Agencies are not required 
     to inform recipients of a collection of information that: (a) 
     section 3507(a) prohibits an agency from conducting or 
     sponsoring an unapproved collection of information; and (b) 
     section 3512 requires an agency to inform a person who is to 
     respond to a collection of information they are not required 
     to do so unless it displays a valid control number.
       31. Responsiveness to Congress--Annual Report and Remedial 
     Program Regarding Agencies Failing to Attain Paperwork Burden 
     Reduction Goals.
       The Senate bill amended section 3514(a)(1) of the Act 
     regarding the content of the report submitted annually to 
     Congress by the OMB Director relating to agency compliance 
     with the Act.
       The House amendment contains a substantially identical 
     provision which includes an additional requirement to 
     identify those agencies that have failed to attain their 
     assigned paperwork burden reduction goals during the fiscal 
     year covered by the report, the reasons for their failure to 
     attain such goals; and the agency's proposed remedial 
     program, if any.
       The Senate recedes with a clarifying amendment.
       32. Consultation with other agencies and the public.
       The Senate bill contains a provision permitting any person 
     to request the OMB Director to determine whether a collection 
     of information is in compliance with the Act's requirements, 
     specifying response times to such requests; and empowering 
     the Director to seek any appropriate remedial action.
       The House amendment contains a substantively identical 
     provision, but unlike the Senate bill requires that the 
     person making the request must be a recipient of the 
     collection of information at issue.
       The House recedes.
       33. Effect on existing laws and regulations.
       The Senate bill includes a provision, section 3818(c), 
     substantially identical to existing law which specifies 
     certain classes of collections of information that are exempt 
     from the Act's coverage.
       The House amendment makes a number of additional 
     modifications to this provision of existing law.
       The House recedes.
       34. Authorization of Appropriations.
       The Senate bill amends section 3520 providing a five-year 
     authorization of appropriations for OIRA for the Fiscal Years 
     1996 through 2000, at the rate of $8 million per year.
       The House amendment provides a permanent authorization of 
     appropriations, specifying ``such sums as may be necessary'' 
     rather than a fixed amount.
       The House recedes an amendment. The conference agreement 
     provides for a six-year authorization of appropriations for 
     OIRA, for fiscal years 1996 through 2001, at $8 million for 
     each fiscal year.
     Burden reduction regarding the Quarterly Financial Report 
         Program at the Bureau of the Census (Sec. 3)
       The Senate bill contained a provision (sec. 103) that would 
     require the Bureau of the Census within the Department of 
     Commerce to undertake a demonstration program to reduce the 
     burden imposed on firms, especially small businesses, 
     required to participate in the survey used to prepare the 
     Quarterly Financial Report for Manufacturing, Mining, and 
     Trade Corporations
       The House amendment contained no similar provision.
       The House recedes with an amendment.
       The conference agreement amends section 91 of title 13, 
     United States Code, the statutory authorization for the 
     survey, to:
       (a) exempt firms from participation for specified periods, 
     after they have fully participated in the survey for a 
     complete cycle (eight consecutive quarters of reporting);
       (b) expand the use of statistical sampling techniques to 
     select for survey participation; and
       (c) assure small businesses selected to participate easy 
     access to advise and similar assistance, including the 
     establishment of a toll-free telephone number.
     Effective date (Sec. 4)
       The Senate bill contains a provision (sec. 106) which 
     establishes the effective date of the Paperwork Reduction Act 
     of 1995 as June 30, 1995.
       The House amendment contains a provision (sec. 3) which 
     establishes the Act's effective date as October 1, 1995.
       The Senate recedes with a clarifying amendment.
       The conference agreement provides that: (a) except as 
     otherwise provided, the Paperwork Reduction Act of 1995 shall 
     take effect on October 1, 1995; (b) section 3520, as amended, 
     providing authorization for OIRA's appropriation, shall 
     become effective on the date of enactment; (c) for each 
     collection of information for which there is a valid OMB 
     control number in effect on September 30, 1995, the 
     amendments to chapter 35 of title 44, shall take effect on 
     the date of the first renewal or modification to that 
     collection of information or on the date of the expiration of 
     its OMB control number; and (d) prior to such renewal, 
     modification, or expiration of its OMB control number, such 
     collection of information shall be subject to the provisions 
     of chapter 35 of title 44, United States Code, as in effect 
     on September 30, 1995.
                         PROVISIONS NOT ADOPTED

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

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

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

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