[104th Congress Public Law 13]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ13.104]


[[Page 109 STAT. 163]]

Public Law 104-13
104th Congress

                                 An Act


 
  To further the goals of the Paperwork Reduction Act to have Federal 
 agencies become more responsible and publicly accountable for reducing 
      the burden of Federal paperwork on the public, and for other 
              purposes. <<NOTE: May 22, 1995 -  [S. 244]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Paperwork Reduction Act of 
1995. Information resources management.>> assembled,

SECTION 1. <<NOTE: 44 USC 101 note.>> 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, main

[[Page 109 STAT. 164]]

        tained, 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;

[[Page 109 STAT. 165]]

                    ``(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;

[[Page 109 STAT. 166]]

            ``(7) the term `information resources management' means the 
        process of managing information resources to accomplish agency 
        missions and to improve agency performance, including through 
        the reduction of information collection burdens on the public;
            ``(8) the term `information system' means a discrete set of 
        information resources organized for the collection, processing, 
        maintenance, use, sharing, dissemination, or disposition of 
        information;
            ``(9) the term `information technology' has the same meaning 
        as the term `automatic data processing equipment' as defined by 
        section 111(a) (2) and (3)(C) (i) through (v) of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        759(a) (2) and (3)(C) (i) through (v));
            ``(10) the term `person' means an individual, partnership, 
        association, corporation, business trust, or legal 
        representative, an organized group of individuals, a State, 
        territorial, tribal, or local government or branch thereof, or a 
        political subdivision of a State, territory, tribal, or local 
        government or a branch of a political subdivision;
            ``(11) the term `practical utility' means the ability of an 
        agency to use information, particularly the capability to 
        process such information in a timely and useful fashion;
            ``(12) the term `public information' means any information, 
        regardless of form or format, that an agency discloses, 
        disseminates, or makes available to the public;
            ``(13) the term `recordkeeping requirement' means a 
        requirement imposed by or for an agency on persons to maintain 
        specified records, including a requirement to--
                    ``(A) retain such records;
                    ``(B) notify third parties, the Federal Government, 
                or the public of the existence of such records;
                    ``(C) disclose such records to third parties, the 
                Federal Government, or the public; or
                    ``(D) report to third parties, the Federal 
                Government, or the public regarding such records; and
            ``(14) the term `penalty' includes the imposition by an 
        agency or court of a fine or other punishment; a judgment for 
        monetary damages or equitable relief; or the revocation, 
        suspension, reduction, or denial of a license, privilege, right, 
        grant, or benefit.

``Sec. 3503. <<NOTE: Establishment.>> 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.

[[Page 109 STAT. 167]]

``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;

[[Page 109 STAT. 168]]

            ``(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) <<NOTE: Establishment.>> 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

[[Page 109 STAT. 169]]

                          ``(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) <<NOTE: Records.>> 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) <<NOTE: Regulations.>> 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));

[[Page 109 STAT. 170]]

            ``(2) monitor the effectiveness of, and compliance with, 
        directives issued under sections 110 and 111 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 757 
        and 759);
            ``(3) coordinate the development and review by the Office of 
        Information and Regulatory Affairs of policy associated with 
        Federal procurement and acquisition of information technology 
        with the Office of Federal Procurement Policy;
            ``(4) ensure, through the review of agency budget proposals, 
        information resources management plans and other means--
                    ``(A) agency integration of information resources 
                management plans, program plans and budgets for 
                acquisition and use of information technology; and
                    ``(B) the efficiency and effectiveness of inter-
                agency information technology initiatives to improve 
                agency performance and the accomplishment of agency 
                missions; and
            ``(5) promote the use of information technology by the 
        Federal Government to improve the productivity, efficiency, and 
        effectiveness of Federal programs, including through 
        dissemination of public information and the reduction of 
        information collection burdens on the public.

``Sec. 3505. Assignment of tasks and deadlines

    ``(a) In carrying out the functions under this chapter, the Director 
shall--
            ``(1) in consultation with agency heads, set an annual 
        Governmentwide goal for the reduction of information collection 
        burdens by at least 10 percent during each of fiscal years 1996 
        and 1997 and 5 percent during each of fiscal years 1998, 1999, 
        2000, and 2001, and set annual agency goals to--
                    ``(A) reduce information collection burdens imposed 
                on the public that--
                          ``(i) represent the maximum practicable 
                      opportunity in each agency; and
                          ``(ii) are consistent with improving agency 
                      management of the process for the review of 
                      collections of information established under 
                      section 3506(c); and
                    ``(B) improve information resources management in 
                ways that increase the productivity, efficiency and 
                effectiveness of Federal programs, including service 
                delivery to the public;
            ``(2) with selected agencies and non-Federal entities on a 
        voluntary basis, conduct pilot projects to test alternative 
        policies, practices, regulations, and procedures to fulfill the 
        purposes of this chapter, particularly with regard to minimizing 
        the Federal information collection burden; and
            ``(3) in consultation with the Administrator of General 
        Services, the Director of the National Institute of Standards 
        and Technology, the Archivist of the United States, and the 
        Director of the Office of Personnel Management, develop and 
        maintain a Governmentwide strategic plan for information 
        resources management, that shall include--
                    ``(A) a description of the objectives and the means 
                by which the Federal Government shall apply information 
                resources to improve agency and program performance;
                    ``(B) plans for--

[[Page 109 STAT. 171]]

                          ``(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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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--

[[Page 109 STAT. 172]]

                    ``(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;

[[Page 109 STAT. 173]]

                    ``(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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Regulations.>> 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,

[[Page 109 STAT. 174]]

                as defined under section 601(6) of title 5, the use of 
                such techniques as--
                          ``(i) establishing differing compliance or 
                      reporting requirements or timetables that take 
                      into account the resources available to those who 
                      are to respond;
                          ``(ii) the clarification, consolidation, or 
                      simplification of compliance and reporting 
                      requirements; or
                          ``(iii) an exemption from coverage of the 
                      collection of information, or any part thereof;
                    ``(D) is written using plain, coherent, and 
                unambiguous terminology and is understandable to those 
                who are to respond;
                    ``(E) is to be implemented in ways consistent and 
                compatible, to the maximum extent practicable, with the 
                existing reporting and recordkeeping practices of those 
                who are to respond;
                    ``(F) indicates for each recordkeeping requirement 
                the length of time persons are required to maintain the 
                records specified;
                    ``(G) contains the statement required under 
                paragraph (1)(B)(iii);
                    ``(H) has been developed by an office that has 
                planned and allocated resources for the efficient and 
                effective management and use of the information to be 
                collected, including the processing of the information 
                in a manner which shall enhance, where appropriate, the 
                utility of the information to agencies and the public;
                    ``(I) uses effective and efficient statistical 
                survey methodology appropriate to the purpose for which 
                the information is to be collected; and
                    ``(J) to the maximum extent practicable, uses 
                information technology to reduce burden and improve data 
                quality, agency efficiency and responsiveness to the 
                public.

    ``(d) <<NOTE: Public information.>> 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;

[[Page 109 STAT. 175]]

                    ``(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) <<NOTE: Records.>> 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) <<NOTE: Privacy. Computer technology.>> 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) <<NOTE: Science and technology.>> 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, 
        includ

[[Page 109 STAT. 176]]

        ing 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) <<NOTE: Federal Register, 
                publication.>> 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.

[[Page 109 STAT. 177]]

    ``(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) <<NOTE: Proposed rule.>> 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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Regulations. Federal Register, publication.>> 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.

[[Page 109 STAT. 178]]

    ``(e)(1) Any decision by the Director under subsection (c), (d), 
(h), or (j) to disapprove a collection of information, or to instruct 
the agency to make substantive or material change to a collection of 
information, shall be publicly available and include an explanation of 
the reasons for such decision.
    ``(2) Any written communication between the Administrator of the 
Office of Information and Regulatory Affairs, or any employee of the 
Office of Information and Regulatory Affairs, and an agency or person 
not employed by the Federal Government concerning a proposed collection 
of information shall be made available to the public.
    ``(3) This subsection shall not require the disclosure of--
            ``(A) any information which is protected at all times by 
        procedures established for information which has been 
        specifically authorized under criteria established by an 
        Executive order or an Act of Congress to be kept secret in the 
        interest of national defense or foreign policy; or
            ``(B) any communication relating to a collection of 
        information which is not approved under this chapter, the 
        disclosure of which could lead to retaliation or discrimination 
        against the communicator.

    ``(f)(1) An independent regulatory agency which is administered by 2 
or more members of a commission, board, or similar body, may by majority 
vote void--
            ``(A) any disapproval by the Director, in whole or in part, 
        of a proposed collection of information of that agency; or
            ``(B) an exercise of authority under subsection (d) of 
        section 3507 concerning that agency.

    ``(2) The agency shall certify each vote to void such disapproval or 
exercise to the Director, and explain the reasons for such vote. The 
Director shall without further delay assign a control number to such 
collection of information, and such vote to void the disapproval or 
exercise shall be valid for a period of 3 years.
    ``(g) The Director may not approve a collection of information for a 
period in excess of 3 years.
    ``(h)(1) If an agency decides to seek extension of the Director's 
approval granted for a currently approved collection of information, the 
agency shall--
            ``(A) conduct the review established under section 3506(c), 
        including the seeking of comment from the public on the 
        continued need for, and burden imposed by the collection of 
        information; and
            ``(B) after having made a reasonable effort to seek public 
        comment, but no later than 60 days before the expiration date of 
        the control number assigned by the Director for the currently 
        approved collection of information, submit the collection of 
        information for review and approval under this section, which 
        shall include an explanation of how the agency has used the 
        information that it has collected.

    ``(2) If under the provisions of this section, the Director 
disapproves a collection of information contained in an existing rule, 
or recommends or instructs the agency to make a substantive or material 
change to a collection of information contained in an existing rule, the 
Director shall--
            ``(A) <<NOTE: Federal Register, publication.>> publish an 
        explanation thereof in the Federal Register; and

[[Page 109 STAT. 179]]

            ``(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

[[Page 109 STAT. 180]]

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) <<NOTE: Establishment.>> 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

[[Page 109 STAT. 181]]

        to advise the Secretary of Commerce on the development of 
        technical standards for the Service to ensure compatibility, 
        promote information sharing, and uniform access by the public;
            ``(4) consider public access and other user needs in the 
        establishment and operation of the Service;
            ``(5) ensure the security and integrity of the Service, 
        including measures to ensure that only information which is 
        intended to be disclosed to the public is disclosed through the 
        Service; and
            ``(6) periodically review the development and effectiveness 
        of the Service and make recommendations for improvement, 
        including other mechanisms for improving public access to 
        Federal agency public information.

    ``(b) This section shall not apply to operational files as defined 
by the Central Intelligence Agency Information Act (50 U.S.C. 431 et 
seq.).

``Sec. 3512. Public protection

    ``(a) Notwithstanding any other provision of law, no person shall be 
subject to any penalty for failing to comply with a collection of 
information that is subject to this chapter if--
            ``(1) the collection of information does not display a valid 
        control number assigned by the Director in accordance with this 
        chapter; or
            ``(2) the agency fails to inform the person who is to 
        respond to the collection of information that such person is not 
        required to respond to the collection of information unless it 
        displays a valid control number.

    ``(b) The protection provided by this section may be raised in the 
form of a complete defense, bar, or otherwise at any time during the 
agency administrative process or judicial action applicable thereto.

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

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

``Sec. 3514. Responsiveness to Congress

    ``(a)(1) The Director shall--
            ``(A) keep the Congress and congressional committees fully 
        and currently informed of the major activities under this 
        chapter; and

[[Page 109 STAT. 182]]

            ``(B) <<NOTE: Reports.>> 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--

[[Page 109 STAT. 183]]

            ``(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 Informa

[[Page 109 STAT. 184]]

tion 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'.''.

[[Page 109 STAT. 185]]

SEC. 4. <<NOTE: 44 USC 3501 note.>> 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.

    Approved May 22, 1995.

LEGISLATIVE HISTORY--S. 244 (H.R. 830):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-37 accompanying H.R. 830 (Comm. on Government 
Reform and Oversight) and 104-99 (Comm. of Conference).
SENATE REPORTS: No. 104-8 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Feb. 22, H.R. 830 considered and passed House.
            Mar. 6, 7, S. 244 considered and passed Senate.
            Mar. 10, considered and passed House, amended.
            Apr. 6, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            May 22, Presidential remarks.

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