H.R. 2995 (103rd): Paperwork Reduction Act of 1993

103rd Congress, 1993–1994. Text as of Aug 06, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 2995 IH1S

103d CONGRESS

1st Session

H. R. 2995

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, to establish the Commission on Information Technology and Paperwork Reduction, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

August 6, 1993

Mr. SISISKY (for himself, Mr. CLINGER, Mr. LAFALCE, Mr. MICHEL, Mr. MAZZOLI, Mr. MCDADE, Mr. WISE, Mrs. MEYERS of Kansas, Mr. SKELTON, Mr. BACHUS of Alabama, Mr. BAKER of California, Mr. MORAN, Mr. BATEMAN, Mr. COOPER, Ms. PRYCE of Ohio, Mrs. LLOYD, Mr. BLUTE, Ms. BYRNE, Ms. ESHOO, Mr. BOEHNER, Mr. VALENTINE, Mr. BONILLA, Mr. OBERSTAR, Mr. BUNNING, Ms. KAPTUR, Mr. BURTON of Indiana, Mrs. MALONEY, Mr. PAYNE of Virginia, Mr. CASTLE, Mr. STENHOLM, Mr. COMBEST, Mr. LANCASTER, Mr. DELAY, Mr. MCCURDY, Mr. DOOLITTLE, Mr. PICKETT, Mr. EMERSON, Ms. LAMBERT, Mr. FAWELL, Mr. PETE GREEN of Texas, Mr. GOODLATTE, Mr. ORTON, Mr. GOODLING, Mr. JACOBS, Mr. GUNDERSON, Mr. MONTGOMERY, Mr. GREENWOOD, Mr. BILBRAY, Mr. HOBSON, Mr. DARDEN, Mr. INGLIS of South Carolina, Mr. KIM, Mr. SARPALIUS, Mr. KINGSTON, Ms. HARMAN, Mr. KOLBE, Mr. HASTINGS, Mr. MACHTLEY, Mr. HEFNER, Mr. MCCANDLESS, Mr. HOLDEN, Mr. HUGHES, Mr. MCHUGH, Mr. JOHNSON of South Dakota, Mr. PETRI, Mr. CRAMER, Mr. PARKER, Mr. PORTER, Mr. POSHARD, Mr. PORTMAN, Mr. ROWLAND, Mr. RIDGE, Ms. SHEPHERD, Mr. ROBERTS, Mr. FINGERHUT, Mrs. ROUKEMA, Mr. ROTH, Mr. SCHIFF, Mr. SENSENBRENNER, Mr. SHAYS, Mr. SKEEN, Mr. SUNDQUIST, Mr. TALENT, Mr. THOMAS of Wyoming, Mr. TORKILDSEN, Mr. UPTON, Mr. WALSH, Mr. WELDON, Mr. ZELIFF, Mr. ZIMMER, and Mr. SAM JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Government Operations


A BILL

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, to establish the Commission on Information Technology and Paperwork Reduction, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Paperwork Reduction Act of 1993’.

SEC. 2. TABLE OF CONTENTS.

    The contents of this Act are as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

      Sec. 101. Authorization of appropriations.

TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC

      Sec. 201. Reemphasizing the need to reduce the burden of Federal paperwork on the public.

      Sec. 202. Coverage of all federally sponsored paperwork burdens.

      Sec. 203. Paperwork reduction goals.

TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

      Sec. 301. Designating an agency official responsible and publicly accountable for reducing the burden of Federal paperwork.

      Sec. 302. Agency responsibilities for controlling and reducing the burden of Federal paperwork.

TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

      Sec. 401. Reemphasizing the responsibility of the director to control the burden of Federal paperwork.

      Sec. 402. Enhancing agency responsibility to obtain public review of proposed paperwork burdens.

      Sec. 403. Expediting review at the Office of Management and Budget.

      Sec. 404. Improving public and agency scrutiny of paperwork burdens proposed for renewal.

      Sec. 405. Protection for whistleblowers of unauthorized paperwork burden.

      Sec. 406. Enhancing public participation.

      Sec. 407. Expediting review of an agency information collection request with a reduced burden.

TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING PUBLIC INFORMATION

      Sec. 501. Prescribing governmentwide standards for sharing and disseminating public information.

      Sec. 502. Agency responsibilities for sharing and disseminating public information.

      Sec. 503. Agency information inventory/locator system.

TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY

      Sec. 601. Strengthening the statistical policy and coordination functions of the Director.

      Sec. 602. Use of electronic information collection and dissemination techniques to reduce burden.

      Sec. 603. Agency implementation.

      Sec. 604. Automatic data processing equipment plan.

      Sec. 605. Technical and conforming amendments.

TITLE VII--EFFECTIVE DATES

      Sec. 701. Effective dates.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 3520(a) of title 44, United States Code, is amended by striking out ‘$5,500,000 for each of the fiscal years 1987, 1988, and 1989.’ and inserting in lieu thereof ‘$7,000,000 for fiscal year 1994, $7,500,000 for fiscal year 1995, $8,000,000 for fiscal year 1996, $8,500,000 for fiscal year 1997, and $9,000,000 for fiscal year 1998.’.

TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC

SEC. 201. REEMPHASIZING THE NEED TO REDUCE THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC.

    Section 3501 of title 44, United States Code, is amended to read as follows:

‘ 3501. Purposes

    ‘The purposes of this chapter are to--

      ‘(1) minimize the Federal paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State and local governments, and other persons;

      ‘(2) minimize the cost to the Federal Government of collecting, maintaining, using, retaining, sharing, and disseminating information;

      ‘(3) maximize the usefulness of information collected, maintained, used, retained and shared by the Federal Government;

      ‘(4) coordinate, integrate and, to the extent practicable and appropriate, make uniform Federal information policies and practices;

      ‘(5) ensure that government information resources management is conducted in an efficient and cost effective manner to--

        ‘(A) improve the quality of decisionmaking and program management and administration;

        ‘(B) improve the quality and timeliness of services delivered to the public;

        ‘(C) increase productivity;

        ‘(D) reduce waste and fraud;

        ‘(E) facilitate the sharing of information;

        ‘(F) ensure the integrity, quality and utility of the Federal statistical system; and

        ‘(G) reduce burden upon the public;

      ‘(6) ensure that the collection, maintenance, use, retention, sharing, and disseminating of information by or for the Federal Government is consistent with applicable laws;

      ‘(7) establish the responsibility and public accountability of Federal agencies for implementing the information collection review process, information resources management, and related policies and guidance established pursuant to this chapter;

      ‘(8) ensure that automatic data processing, telecommunications and other information technologies are acquired and used by the Federal Government in an effective and efficient manner that--

        ‘(A) improves service delivery and program management;

        ‘(B) increases productivity;

        ‘(C) improves the quality of decisionmaking;

        ‘(D) reduces waste and fraud;

        ‘(E) maximizes the return on investment from the application of Government information and information technology resources over their life cycle; and

        ‘(F) wherever practicable and appropriate, reduces the information processing burden for the Federal Government and for persons who provide information, keep records and otherwise disclose information to and for the Federal Government; and

      ‘(9) strengthen the partnership between the Federal Government with State and local governments by minimizing the burden and maximizing the utility of information collected and shared.’.

SEC. 202. COVERAGE OF ALL FEDERALLY SPONSORED PAPERWORK BURDENS.

    Section 3502 of title 44, United States Code, is amended--

      (1) by amending paragraph (3) to read as follows:

      ‘(3) the term ‘burden’ means the time, effort, financial resources, and opportunity costs imposed on persons to generate, capture, assemble, process, maintain, and report information to or for a Federal agency, including--

        ‘(A) the resources expended for obtaining, reviewing and understanding applicable instructions and requirements;

        ‘(B) developing a way to comply with the applicable instructions and requirements;

        ‘(C) adjusting the existing ways to comply with any previously applicable instructions and requirements;

        ‘(D) searching existing data sources;

        ‘(E) obtaining, compiling and maintaining the necessary data;

        ‘(F) implementing recordkeeping requirements;

        ‘(G) completing and reviewing the collection of information;

        ‘(H) retaining, sharing, notifying, reporting, transmitting, labeling, or otherwise disclosing to third parties or the public the information involved; and

        ‘(I) carrying out any other information transaction which occurs as a result of the collection of information;’;

      (2) in paragraph (4) by striking out ‘of facts or opinions by’ and inserting in lieu thereof ‘(through maintenance, retention, notifying, reporting, labeling or disclosure to third parties or the public) of facts or opinions by or for’; and

      (3) in paragraph (17) by inserting ‘, including the retention, reporting, notifying, or disclosure to third parties or the public of such records’ before the period.

SEC. 203. PAPERWORK REDUCTION GOALS.

    Section 3505 of title 44, United States Code, is amended to read as follows:

‘ 3505. Assignment of tasks and deadlines

    ‘In carrying out the functions under this chapter, the Director shall--

      ‘(1) set a Governmentwide goal, consistent with improving agency management of the process for the review of each collection of information established under section 3506(e), to reduce by September 30, 1994, the burden of Federal collections of information existing on September 30, 1993, by at least 5 percent;

      ‘(2) for the fiscal year beginning on October 1, 1994, and the following 3 fiscal years, set a Governmentwide goal, consistent with improving agency management of the process for the review of each collection of information established under section 3506(e), to reduce the burden of Federal collections of information existing at the end of the immediately preceding fiscal year by at least 5 percent;

      ‘(3) in establishing the Governmentwide goal pursuant to paragraph (2), establish a goal for each agency that--

        ‘(A) represents the maximum practicable opportunity to reduce the paperwork burden imposed upon the public by such agency’s collections of information, after considering the recommendations of the senior agency official designated under section 3506(b)(1); and

        ‘(B) permits the attainment of the Governmentwide goal when such agency’s goal is aggregated with the individual goals of all other agencies included in the Governmentwide goal; and

      ‘(4) in each report issued under section 3514, beginning with the report relating to fiscal year 1994, identify any agency initiatives to reduce the burden of the Federal collections of information associated with--

        ‘(A) businesses, especially small businesses and those engaged in international competition;

        ‘(B) State and local governments; and

        ‘(C) educational institutions.’.

TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

SEC. 301. DESIGNATING AN AGENCY OFFICIAL RESPONSIBLE AND PUBLICLY ACCOUNTABLE FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK.

    Section 3506 of title 44, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking ‘Each agency’ and inserting in lieu thereof ‘The head of each agency’; and

        (B) by inserting ‘resources’ after ‘its information’;

      (2) in subsection (b)--

        (A) by inserting ‘(1)’ before ‘The head of each agency’; and

        (B) by adding at the end thereof the following new paragraphs:

      ‘(2) The senior official designated under paragraph (1) shall be the head of an office, established by the head of the agency, responsible for assuring agency compliance with and prompt, efficient, and effective implementation of the information collection review process, information resources management, and related policies and guidance established pursuant to this chapter.

      ‘(3) Staff to such office shall be well qualified through experience or training to carry out the information collection review process, information resources management, and related policies and guidance established under this chapter.’; and

      (3) in subsection (c)--

        (A) by striking out ‘and’ after the semicolon at the end of paragraph (7);

        (B) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon; and

        (C) by adding at the end thereof the following new paragraphs:

      ‘(9) prepare estimates of burden that will result from proposed collections of information;

      ‘(10) develop and maintain a strategic Information Resources Management Plan, in accordance with guidance from the Director, for the application of information resources to support the agency’s specified mission goals as articulated through its strategic mission planning process;

      ‘(11) establish oversight procedures, in accordance with guidance provided by the Director, to improve the life cycle management of the agency’s major information systems; and

      ‘(12) assess the agency’s efforts to have program offices manage Government information resources by using performance measures that examine such factors as quality and timeliness of service delivery to the public, productivity of program administration, ability to prevent or reduce fraud, and the burden of Government’s information collection practices on the public.’.

SEC. 302. AGENCY RESPONSIBILITIES FOR CONTROLLING AND REDUCING THE BURDEN OF FEDERAL PAPERWORK.

    Section 3506 of title 44, United States Code (as amended by section 301 of this Act) is further amended by adding at the end thereof the following new subsections:

    ‘(e) The head of each agency, acting through the senior official designated under subsection (b)(1), shall establish an efficient, and effective process for the prompt review of each information collection request before it is submitted to the Director for review and approval under this chapter. At a minimum, this review process shall--

      ‘(1) be sufficiently independent of program responsibilities to evaluate whether each information collection request should be carried out;

      ‘(2) be provided sufficient personnel and other resources to carry out such review responsibility effectively; and

      ‘(3) have authority (independent of agency program officers) to approve, disapprove, and make needed improvements in any agency collection of information.

    ‘(f) Under the process established under subsection (e), the senior official designated under subsection (b)(1) shall certify (and provide a record supporting such certification, including any pertinent public comments received by the agency) to the Director that--

      ‘(1) the collection of information and any applicable instructions and requirements--

        ‘(A) are necessary for the proper performance of the agency’s functions and are the least burdensome necessary;

        ‘(B) are not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

        ‘(C) have practical utility;

        ‘(D) are written using plain, coherent, and unambiguous terminology;

        ‘(E) are 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) are understandable to those who are to respond;

        ‘(G) display on the information collection request, to the extent practicable, the agency estimate of the burden for each response, calculated in accordance with the procedures established by the Director under section 3504(c)(5);

        ‘(H) use information technology to reduce burden and improve agency responsiveness to the public;

        ‘(I) use effective and efficient statistical survey methodology appropriate to the need for which the information is to be collected; and

        ‘(J) explain the need and ultimate use of the information to be collected, and the importance of an accurate and timely response; and

      ‘(2) the agency has taken necessary steps to--

        ‘(A) except as provided in section 3507 (g) and (k), give 60-day notice to, and consult with members of the public and interested agencies, in order to--

          ‘(i) enhance the clarity of the proposed collection of information;

          ‘(ii) solicit comment on the agency estimate of the burden for each response for such collection of information; and

          ‘(iii) minimize the burden of such collection of information on those who are to respond, including the appropriate use of automated collection technics or other forms of information technology;

        ‘(B) evaluate the proposed collection of information and any applicable instructions and requirements, by developing and conducting--

          ‘(i) an assessment of need;

          ‘(ii) a functional description of the information to be collected;

          ‘(iii) a plan for the practical collection of information;

          ‘(iv) a specific, objectively supported estimation of burden, including each transaction involved; and

          ‘(v) a test of the collection of information through a pilot or prototype program, if appropriate;

        ‘(C) plan and allocate resources for the efficient and effective management and use of the information to be solicited; and

        ‘(D) reduce burdens on businesses (especially small businesses and those engaged in international competition), State and local governments, and educational institutions, through consideration of such alternatives as--

          ‘(i) establishing differing compliance or reporting requirements or timetables in recognition of the resources available to those who are to respond;

          ‘(ii) the clarification, consolidation, or simplification of compliance and reporting requirements; and

          ‘(iii) an exemption from coverage of the collection of information, or any part thereof.’.

TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

SEC. 401. REEMPHASIZING THE RESPONSIBILITY OF THE DIRECTOR TO CONTROL THE BURDEN OF FEDERAL PAPERWORK.

    Section 3504(c) of title 44, United States Code, is amended--

      (1) in paragraph (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following new subparagraph:

        ‘(B) display, to the extent practicable, an estimate of the burden for each response;’;

      (2) by amending paragraphs (5) and (6) to read as follows:

      ‘(5) establishing procedures under which an agency is to estimate the burden under this chapter to comply with the proposed collection of information;

      ‘(6) coordinating with the Office of Federal Procurement Policy to eliminate paperwork burdens associated with procurement and acquisition;’;

      (3) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and

      (4) by adding at the end thereof the following new paragraphs:

      ‘(8) minimizing the Federal paperwork burden imposed through Federal collection of information, with particular emphasis on those individuals or entities most adversely affected, including--

        ‘(A) businesses, especially small businesses and those engaged in international competition;

        ‘(B) State and local governments; and

        ‘(C) educational institutions; and

      ‘(9) initiating and conducting, with selected agencies and non-Federal entities on a voluntary basis, pilot projects to test or demonstrate the feasibility and benefit of changes or innovations in Federal policies, rules, regulations, and agency procedures to improve information management practices and related management activities (including authority for the Director to waive the application of designated agency regulations or administrative directives after giving timely notice to the public and Congress regarding the need for such waiver).’.

SEC. 402. ENHANCING AGENCY RESPONSIBILITY TO OBTAIN PUBLIC REVIEW OF PROPOSED PAPERWORK BURDENS.

    Section 3507(a) of title 44, United States Code, is amended--

      (1) in paragraph (2)(B) by inserting ‘a summary of the request,’ after ‘title for the information collection request,’;

      (2) by striking out ‘and’ at the end of paragraph (2); and

      (3) by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following:

      ‘(3) the agency provides at least 30 days for public comment to the agency and the Office of Management and Budget after publication of the notice in the Federal Register, except as provided under section 3507 (g) and (k), and the agency head and the Director consider comments received regarding the proposed collection of information; and’.

SEC. 403. EXPEDITING REVIEW AT THE OFFICE OF MANAGEMENT AND BUDGET.

    Section 3507(b) of title 44, United States Code, is amended--

      (1) by striking out the first sentence and inserting in lieu thereof ‘The Director shall within 30 days after publication of the notice under subsection (a)(3) that is applicable to a proposed information collection request not contained in a proposed rule, notify the agency involved of the decision to approve or disapprove the proposed information collection request and shall make such decisions publicly available. Any decision to disapprove an information collection request shall include an explanation of the reasons for such decision.’;

      (2) by striking out ‘sixty’ each place it appears and inserting ‘30’ in each such place;

      (3) by striking out ‘thirty’ and inserting in lieu thereof ‘30’; and

      (4) by striking out ‘one’ and inserting in lieu thereof ‘1’.

SEC. 404. IMPROVING PUBLIC AND AGENCY SCRUTINY OF PAPERWORK BURDENS PROPOSED FOR RENEWAL.

    (a) APPROVAL OF INFORMATION COLLECTION REQUEST- Section 3507(d) of title 44, United States Code, is amended--

      (1) by inserting ‘(1)’ after ‘(d)’; and

      (2) by adding at the end thereof the following:

    ‘(2)(A) If the head of the agency, or the senior official designated under section 3506(b)(1), decides to seek extension of the Director’s approval granted for a currently approved information collection request, the agency shall, through the notice prescribed in subsection (a)(2)(B) and such other practicable steps as may be reasonable, seek comment from the agencies, and the public on the continued need for, and burden imposed by, the collection of information.

    ‘(B) The agency, after having made a reasonable effort to seek comment under subparagraph (A), but no later than 60 days before the expiration date of the control number assigned by the Director for the currently approved information collection request, shall--

      ‘(i) evaluate the public comments received;

      ‘(ii) conduct the review established under section 3506(e); and

      ‘(iii) provide to the Director the certification required by section 3506(f), including the text of the certification and any additional relevant information regarding how the information collection request comports with the principles and requirements of this chapter.

    ‘(C) Upon receipt of such certification, and prior to the expiration of the control number for that information collection request, the Director shall--

      ‘(i) ensure that the agency has taken the actions specified under section 3506(f)(2);

      ‘(ii) evaluate the public comments received by the agency or by the Director;

      ‘(iii) determine whether the agency certification complies with the standards under section 3506(f)(1); and

      ‘(iv) approve or disapprove the information collection request under this chapter.

    ‘(3) If a certification is not provided to the Director prior to the beginning of the 60-day period before the expiration of the control number as provided under paragraph (2)(B), the agency shall submit the information collection request for review and approval or disapproval under this chapter.

    ‘(4) An agency may not make a substantive or material modification to an information collection request after it has been approved by the Director, unless the modification has been submitted to the Director for review and approval or disapproval under this chapter.’.

    (b) APPROVAL OF INFORMATION COLLECTION REQUIREMENTS- Section 3507 of title 44, United States Code, is further amended by adding at the end thereof the following new subsections:

    ‘(i)(1) As soon as practicable, but no later than 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 requirement and upon request, information necessary to make the determination required under this chapter.

    ‘(2) Within 60 days after the notice of proposed rulemaking is published in the Federal Register, the Director may file public comments under the standards set forth in section 3508 on the collection of information requirement contained in the proposed rule.

    ‘(3) When a final rule is published in the Federal Register, the agency shall explain how any collection of information requirement contained in the final rule responds to the comments, if any, filed by the Director or the public, or explain the reasons such comments were rejected.

    ‘(4) The Director has no authority to disapprove any collection of information requirement specifically contained in an agency rule, if the Director has received notice and failed to comment on the rule within 60 days after the notice of proposed rulemaking.

    ‘(5) No provision in this section shall be construed to prevent the Director, at the discretion of such officer, from--

      ‘(A) disapproving any information collection request which was not specifically required by an agency rule;

      ‘(B) disapproving any collection of information requirement contained in an agency rule, if the agency failed to comply with the requirements of paragraph (1) of this subsection;

      ‘(C) disapproving any collection of information requirement contained in a final agency rule, if the Director finds within 60 days after the publication of the final rule that such a collection of information requirement cannot be approved under the standards set forth in section 3508, after reviewing the agency’s response to the comments of the Director filed under paragraph (2) of this subsection; or

      ‘(D) disapproving any collection of information requirement, if the Director determines that the agency has substantially modified, in the final rule, the collection of information requirement contained in the proposed rule and the agency has not given the Director the information required under paragraph (1) with respect to the modified collection of information requirement, at least 60 days before the issuance of the final rule.

    ‘(6) The Director shall make publicly available any decision to disapprove a collection of information requirement contained in an agency rule, together with the reasons for such decision.

    ‘(7) The authority of the Director under this subsection is subject to subsection (c).

    ‘(8) This subsection shall apply only when an agency publishes a notice of proposed rulemaking and requests public comments.

    ‘(9) The decision of the Director to approve or not to act upon a collection of information requirement contained in an agency rule shall not be subject to judicial review.

    ‘(j)(1) If the head of the agency, or the senior official designated under section 3506(b)(1), decides to seek extension of the Director’s approval granted for a currently approved collection of information requirement, the agency shall, through the notice prescribed in subsection (a)(2)(B) and such other practicable steps as may be reasonable, seek comment from the agencies, and the public on the continued need for, and burden imposed by, the collection of information requirement.

    ‘(2) The agency, after having made a reasonable effort to seek comment under paragraph (1), 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 requirement, shall--

      ‘(A) evaluate the public comments received;

      ‘(B) conduct the review established under section 3506(e); and

      ‘(C) provide to the Director the certification required by section 3506(f), including the text of the certification and any additional relevant information regarding how the collection of information requirement comports with the principles and requirements of this chapter.

    ‘(3) Upon receipt of such certification, and prior to the expiration date of the control number for that collection of information requirement, the Director shall--

      ‘(A) ensure that the agency has taken the actions specified in section 3506(f)(2);

      ‘(B) evaluate the public comments received by the agency or by the Director;

      ‘(C) determine whether the agency certification complies with the standards under section 3506(f)(1); and

      ‘(D) approve or disapprove the collection of information requirement under this chapter.

    ‘(4) If under the provisions of paragraph (3), the Director disapproves a collection of information requirement, or recommends or instructs the agency to make a substantive or material change to a collection of information requirement, 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 requirement and thereafter to submit the collection of information requirement for approval or disapproval under this chapter.

    ‘(5) Nothing in this subsection affects the review process for a collection of information requirement contained in a proposed rule, including a proposed change to an existing collection of information requirement, under subsection (i) with respect to such collection of information requirement.

    ‘(6) The Director may not approve a collection of information requirement for a period in excess of 3 years.’.

SEC. 405. PROTECTION FOR WHISTLEBLOWERS OF UNAUTHORIZED PAPERWORK BURDEN.

    Section 3507(h) of title 44, United States Code, is amended in the second sentence by inserting before the period ‘, and any communication relating to a collection of information, the disclosure of which could lead to retaliation or discrimination against the communicator’.

SEC. 406. ENHANCING PUBLIC PARTICIPATION.

    Section 3517 of title 44, United States Code, is amended--

      (1) by inserting ‘(a)’ before ‘In development’; and

      (2) by adding at the end thereof:

    ‘(b)(1) Under procedures established by the Director, a person may request the Director to review any collection of information conducted by or for an agency to determine, if--

      ‘(A) the collection of information is subject to the requirements of this chapter;

      ‘(B) the collection of information has been approved in conformity with this chapter; and

      ‘(C) the person that is to respond to the collection of information is entitled to the public protections afforded by this chapter.

    ‘(2) Any review requested under paragraph (1), unless the request is determined frivolous or does not on its face state a valid basis for such review, shall--

      ‘(A) be completed by the Director 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;

      ‘(B)(i) be coordinated with the agency responsible for the collection of information to which the request relates; and

      ‘(ii) be coordinated with the Administrator for Federal Procurement Policy, if the request relates to a collection of information applicable to an actual or prospective Federal contractor or subcontractor at any tier; and

      ‘(C) result in a written determination by the Director, that shall be--

        ‘(i) furnished to the person making the request; and

        ‘(ii) made available to the public upon request (and listed and summarized in the annual report required under section 3514), unless confidentiality is requested by the person making the request.’.

SEC. 407. EXPEDITING REVIEW OF AN AGENCY INFORMATION COLLECTION REQUEST WITH A REDUCED BURDEN.

    Section 3507 of title 44, United States Code (as amended by section 404(b) of this Act) is further amended by adding at the end thereof the following new subsection:

    ‘(k) Upon request by the head of an agency, the Director shall approve a proposed change to an existing information collection request (unless such proposed change is subject to subsection (i)) within 30 days after the Director receives the proposed change. The information collection request shall thereafter remain in effect at least for the remainder of the period for which it was previously approved by the Director, if--

      ‘(1) the information collection request has a current control number; and

      ‘(2) the Director determines that the revision--

        ‘(A) reduces the burden resulting from the information collection request; and

        ‘(B) does not substantially change the information collection request.’.

TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING PUBLIC INFORMATION

SEC. 501. PRESCRIBING GOVERNMENTWIDE STANDARDS FOR SHARING AND DISSEMINATING PUBLIC INFORMATION.

    Section 3504(h) of title 44, United States Code, is amended to read as follows:

    ‘(h) The functions of the Director related to agency dissemination and sharing of public information shall include--

      ‘(1) developing policies and practices for agency dissemination and sharing of public information consistent with the agency responsibilities under section 3506(g); and

      ‘(2) developing policy guidelines that instruct Federal agencies on ways to fulfill agency responsibilities to disseminate and share information that, to the extent appropriate and practicable--

        ‘(A) make information dissemination products available on timely, equitable and cost effective terms;

        ‘(B) encourage a diversity of public and private information dissemination products;

        ‘(C) avoid establishing, or permitting others to establish, exclusive, restricted, or other distribution arrangements that interfere with the availability of information dissemination products on a timely and equitable basis; and

        ‘(D) avoid establishing restrictions or regulations, including the charging of fees or royalties, on the reuse, resale, or redissemination of Federal information dissemination products by the public; and

        ‘(E) set user charges for information dissemination products at a level sufficient to recover the cost of dissemination, except--

          ‘(i) where otherwise required by statute;

          ‘(ii) where the information is collected, processed, and disseminated for the benefit of a specific identifiable group beyond the benefit to the general public; or

          ‘(iii) where user charges are established at less than cost of dissemination because of a determination that higher charges would interfere with the proper performance of the agency’s functions.’.

SEC. 502. AGENCY RESPONSIBILITIES FOR SHARING AND DISSEMINATING PUBLIC INFORMATION.

    Section 3506 of title 44, United States Code (as amended by sections 301 and 302 of this Act) is further amended by adding at the end thereof the following new subsection:

    ‘(g) The head of each agency shall, to the extent appropriate and practicable, and in conformance with the policy guidelines established under section 3504(h), establish and maintain a management system for the dissemination and sharing of information that--

      ‘(1) ensures that the public has timely, equitable and cost-effective access to the agency’s information dissemination products;

      ‘(2) disseminates and shares information in a manner that achieves the best balance between maximizing the usefulness of the information and minimizing the cost to the Government and the public;

      ‘(3) takes advantage of all appropriate channels, Federal and non-Federal, including State and local governments, libraries and private sector entities, in discharging agency responsibilities for the dissemination and sharing of information;

      ‘(4) considers whether an information dissemination product available from other Federal or non-Federal sources is equivalent to an agency information dissemination product and reasonably achieves the objectives of the agency;

      ‘(5) establishes and maintains inventories of all agency information dissemination products in conformance with the requirements of section 3511;

      ‘(6) establishes and maintains communications with members of the public and with State and local governments so that the agency shares information and otherwise creates information dissemination products that meet their respective needs; and

      ‘(7) provides adequate notice when initiating, substantially modifying, or terminating significant information dissemination products.’.

SEC. 503. AGENCY INFORMATION INVENTORY/LOCATOR SYSTEM.

    (a) IN GENERAL- Section 3511 of title 44, United States Code, is amended to read as follows:

‘Sec. 3511. Inventory systems of information dissemination products

    ‘(a) Each agency having significant information dissemination products shall establish and maintain a comprehensive inventory of such products, which shall include, at a minimum, the title of each such product, an abstract of the contents of each product, the media in which each product is available, and the cost, if any, of each product, subject to any requirements promulgated pursuant to subsection (c).

    ‘(b) The inventory created pursuant to subsection (a) shall be made available for public access by electronic means, and in such other media as are appropriate and practicable, at no charge to the public.

    ‘(c) The Director, in consultation with the Secretary of Commerce, the Archivist of the United States, the Public Printer, and the Librarian of Congress, may establish a mechanism for developing technical standards and other minimum requirements for the agency inventory systems created under subsection (a).’.

    (b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 35 of title 44, United States Code, is amended by amending the item relating to section 3511 to read as follows:

      ‘3511. Inventory systems of information dissemination products.’.

TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY

SEC. 601. STRENGTHENING THE STATISTICAL POLICY AND COORDINATION FUNCTIONS OF THE DIRECTOR.

    Section 3504(d) of title 44, United States Code, is amended to read as follows:

    ‘(d)(1) The statistical policy and coordination functions of the Director shall include--

      ‘(A) coordinating and providing leadership for development of the Federal statistical system;

      ‘(B) developing and periodically reviewing and, as necessary, revising long-range plans for the improved coordination and performance of the statistical activities and programs of the Federal Government;

      ‘(C) ensuring the integrity, objectivity, impartiality and confidentiality of the Federal statistical system;

      ‘(D) reviewing budget proposals of agencies to ensure that the proposals are consistent with such long-range plans and developing a summary and analysis of the budget submitted by the President to the Congress for each fiscal year of the allocation for all statistical activities;

      ‘(E) coordinating, through the review of budget proposals and as otherwise provided under this chapter, the functions of the Federal Government with respect to gathering, interpreting and sharing statistics and statistical information;

      ‘(F) developing and implementing Governmentwide policies, principles, standards and guidelines concerning statistical collection procedures and methods, statistical data classification, statistical information presentation and sharing, and such statistical data sources as may be required for the administration of Federal programs;

      ‘(G) evaluating statistical program performance and agency compliance with Governmentwide policies, principles, standards and guidelines;

      ‘(H) promoting the timely release by agencies of statistical data to the public;

      ‘(I) coordinating the participation of the United States in international statistical activities;

      ‘(J) preparing an annual report to submit to the Congress on the statistical policy and coordination function;

      ‘(K) integrating the functions described under this paragraph with the other information resources management functions specified under this chapter; and

      ‘(L) appointing a chief statistician who is a trained and experienced professional to carry out the functions described under this paragraph.

    ‘(2) The Director shall establish an interagency working group on statistical policy, consisting of the heads of the agencies with major statistical programs, headed by the chief statistician to coordinate agency activities in carrying out the functions under paragraph (1).

    ‘(3) The Director shall provide opportunities for long-term training in the statistical policy functions of the chief statistician to employees of the Federal Government. Each trainee shall be selected at the discretion of the Director based on agency requests and shall serve for at least 6 months and no more than 1 year. All costs of the training are to be paid by the agency requesting training.’.

SEC. 602. USE OF ELECTRONIC INFORMATION COLLECTION AND DISSEMINATION TECHNIQUES TO REDUCE BURDEN.

    Section 3504(g)(1) of title 44, United States Code, is amended--

      (1) by inserting ‘development and’ after ‘overseeing the’; and

      (2) by inserting ‘(including standards that improve the ability of agencies to use technology to reduce burden)’ after ‘establishment of standards’.

SEC. 603. AGENCY IMPLEMENTATION.

    Section 3514(a) of title 44, United States Code, is amended--

      (1) in paragraph (9)(C) by striking out ‘and’ at the end thereof;

      (2) in paragraph (10)(C) by striking out the period and inserting in lieu thereof a semicolon; and

      (3) by adding at the end thereof the following new paragraphs:

      ‘(11) a listing of any increase in the burden imposed on the public during the year covered by the report resulting from a collection of information conducted or sponsored by or for an agency, which was imposed by such agency--

        ‘(A) as specifically mandated by the provision of a statute; or

        ‘(B) as necessary to implement a statutory requirement, which requirement shall be identified with particularity; and

      ‘(12) a description of each such agency’s efforts in implementing, and plans to implement, the applicable policies, standards and guidelines with respect to the functions under this chapter; and

      ‘(13) a strategic information resources management plan for the Federal Government, developed in consultation with the Administrator of General Services, the Secretary of Commerce, and the Archivist of the United States, that includes an analysis of cross-cutting issues of Governmentwide importance.’.

SEC. 604. AUTOMATIC DATA PROCESSING EQUIPMENT PLAN.

    Section 3504(g) of title 44, United States Code, is amended--

      (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

      (2) by inserting after paragraph (2) the following new paragraph:

      ‘(3) developing and annually revising, in consultation with the Administrator of General Services, a 5-year plan for meeting the automatic data processing equipment (including telecommunications) and other information technology needs of the Federal Government in accordance with the requirements of sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759) and the purposes of this chapter;’.

SEC. 605. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) DEFINITIONS- Section 3502(10) of title 44, United States Code, is amended by striking out ‘the Federal Housing Finance Board’ and inserting in lieu thereof ‘Federal Housing Finance Board’.

    (b) REVIEW PERIODS- Section 3507(g)(1) of title 44, United States Code, is amended to read as follows: ‘(1) is needed prior to the expiration of the time periods for public notice and review by the Director pursuant to the requirements of this chapter,’.

    (c) DIRECTOR REVIEW- Section 3513(a) of title 44, United States Code, is amended in the first sentence by inserting ‘resources’ after ‘information’.

    (d) RESPONSIVENESS- Section 3514(a) of title 44, United States Code, is amended--

      (1) in paragraph (9)(A) by inserting ‘and’ at the end thereof;

      (2) in paragraph (9)(B) by striking out the semicolon and inserting a period; and

      (3) by striking out paragraph (9)(C).

TITLE VII--EFFECTIVE DATES

SEC. 701. EFFECTIVE DATES.

    (a) IN GENERAL- Except as provided in subsection (b), the provisions of this Act shall become effective 120 days after the date of the enactment of this Act.

    (b) IN PARTICULAR- Section 101 and this section shall become effective upon the date of the enactment of this Act.