Source:
http://
uscode.
house.
gov
1/
02/
2001
PAPERWORK
REDUCTION
ACT
(
PRA)

TITLE
44
U.
S.
C
­
PUBLIC
PRINTING
AND
DOCUMENTS
CHAPTER
35
­
COORDINATION
OF
FEDERAL
INFORMATION
POLICY
SUBCHAPTER
I
­
FEDERAL
INFORMATION
POLICYSec.
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.

***
SUBCHAPTER
I
­
FEDERAL
INFORMATION
POLICY
­
HEADSec
3501.
Purposes
­
STATUTEThe
purposes
of
this
subchapter
are
to
­
(
1)
minimize
the
paperwork
burden
for
individuals,
small
businesses,
educational
and
nonprofit
institutions,
Federal
contractors,
State,
local
and
tribal
governments,
and
other
persons
resulting
from
the
collection
of
information
by
or
for
the
Federal
Government;
(
2)
ensure
the
greatest
possible
public
benefit
from
and
maximize
the
utility
of
information
created,
collected,
maintained,
used,
shared
and
disseminated
by
or
for
the
Federal
Government;
(
3)
coordinate,
integrate,
and
to
the
extent
practicable
and
appropriate,
make
uniform
Federal
information
resources
management
policies
and
practices
as
a
means
to
improve
the
productivity,
efficiency,
and
effectiveness
of
Government
programs,
including
the
reduction
of
information
collection
burdens
on
the
public
and
the
improvement
of
service
delivery
to
the
public;
(
4)
improve
the
quality
and
use
of
Federal
information
to
strengthen
decisionmaking,
accountability,
and
openness
in
Government
and
society;
(
5)
minimize
the
cost
to
the
Federal
Government
of
the
creation,
collection,
maintenance,
use,
dissemination,
and
disposition
of
information;
(
6)
strengthen
the
partnership
between
the
Federal
Government
and
State,
local,
and
tribal
governments
by
minimizing
the
burden
and
maximizing
the
utility
of
information
created,
collected,
maintained,
used,
disseminated,
and
retained
by
or
for
the
Federal
Government;
(
7)
provide
for
the
dissemination
of
public
information
on
a
timely
basis,
on
equitable
terms,
and
in
a
manner
that
promotes
the
utility
of
the
information
to
the
public
and
makes
effective
use
of
information
technology;
(
8)
ensure
that
the
creation,
collection,
maintenance,
use,
dissemination,
and
disposition
of
information
by
or
for
the
Federal
Government
is
consistent
with
applicable
laws,
including
laws
relating
to
­
(
A)
privacy
and
confidentiality,
including
section
552a
of
title
5;
(
B)
security
of
information,
including
the
Computer
Security
Act
of
1987
(
Public
Law
100­
235);
and
(
C)
access
to
information,
including
section
552
of
title
5;
(
9)
ensure
the
integrity,
quality,
and
utility
of
the
Federal
statistical
system;
(
10)
ensure
that
information
technology
is
acquired,
used,
and
managed
to
improve
performance
of
agency
missions,
including
the
reduction
of
information
collection
burdens
on
the
public;
and
(
11)
improve
the
responsibility
and
accountability
of
the
Office
of
Management
and
Budget
and
all
other
Federal
agencies
to
Congress
and
to
the
public
for
implementing
the
information
collection
review
process,
information
resources
management,
and
related
policies
and
guidelines
established
under
this
subchapter.

­
HEADSec
3502.
Definitions
­
STATUTEAs
used
in
this
subchapter
­
(
1)
the
term
''
agency''
means
any
executive
department,
military
department,
Government
corporation,
Government
controlled
corporation,
or
other
establishment
in
the
executive
branch
of
the
Government
(
including
the
Executive
Office
of
the
President),
or
any
independent
regulatory
agency,
but
does
not
include
­
(
A)
the
General
Accounting
Office;
(
B)
Federal
Election
Commission;
(
C)
the
governments
of
the
District
of
Columbia
and
of
the
territories
and
possessions
of
the
United
States,
and
their
various
subdivisions;
or
(
D)
Government­
owned
contractor­
operated
facilities,
including
laboratories
engaged
in
national
defense
research
and
production
activities;
(
2)
the
term
''
burden''
means
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
or
provide
information
to
or
for
a
Federal
agency,
including
the
resources
expended
for
­
(
A)
reviewing
instructions;
(
B)
acquiring,
installing,
and
utilizing
technology
and
systems;
(
C)
adjusting
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
(
D)
searching
data
sources;
(
E)
completing
and
reviewing
the
collection
of
information;
and
(
F)
transmitting,
or
otherwise
disclosing
the
information;
(
3)
the
term
''
collection
of
information''
­
(
A)
means
the
obtaining,
causing
to
be
obtained,
soliciting,
or
requiring
the
disclosure
to
third
parties
or
the
public,
of
facts
or
opinions
by
or
for
an
agency,
regardless
of
form
or
format,
calling
for
either
­
(
i)
answers
to
identical
questions
posed
to,
or
identical
reporting
or
recordkeeping
requirements
imposed
on,
ten
or
more
persons,
other
than
agencies,
instrumentalities,
or
employees
of
the
United
States;
or
(
ii)
answers
to
questions
posed
to
agencies,
instrumentalities,
or
employees
of
the
United
States
which
are
to
be
used
for
general
statistical
purposes;
and
(
B)
shall
not
include
a
collection
of
information
described
under
section
3518(
c)(
1);
(
4)
the
term
''
Director''
means
the
Director
of
the
Office
of
Management
and
Budget;
(
5)
the
term
''
independent
regulatory
agency''
means
the
Board
of
Governors
of
the
Federal
Reserve
System,
the
Commodity
Futures
Trading
Commission,
the
Consumer
Product
Safety
Commission,
the
Federal
Communications
Commission,
the
Federal
Deposit
Insurance
Corporation,
the
Federal
Energy
Regulatory
Commission,
the
Federal
Housing
Finance
Board,
the
Federal
Maritime
Commission,
the
Federal
Trade
Commission,
the
Interstate
Commerce
Commission,
the
Mine
Enforcement
Safety
and
Health
Review
Commission,
the
National
Labor
Relations
Board,
the
Nuclear
Regulatory
Commission,
the
Occupational
Safety
and
Health
Review
Commission,
the
Postal
Rate
Commission,
the
Securities
and
Exchange
Commission,
and
any
other
similar
agency
designated
by
statute
as
a
Federal
independent
regulatory
agency
or
commission;
(
6)
the
term
''
information
resources''
means
information
and
related
resources,
such
as
personnel,
equipment,
funds,
and
information
technology;
(
7)
the
term
''
information
resources
management''
means
the
process
of
managing
information
resources
to
accomplish
agency
missions
and
to
improve
agency
performance,
including
through
the
reduction
of
information
collection
burdens
on
the
public;
(
8)
the
term
''
information
system''
means
a
discrete
set
of
information
resources
organized
for
the
collection,
processing,
maintenance,
use,
sharing,
dissemination,
or
disposition
of
information;
(
9)
the
term
''
information
technology''
has
the
meaning
given
that
term
in
section
5002
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1401)
but
does
not
include
national
security
systems
as
defined
in
section
5142
of
that
Act
(
40
U.
S.
C.
1452);
(
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.

­
HEADSec
3503.
Office
of
Information
and
Regulatory
Affairs
­
STATUTE­
(
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
subchapter,
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.

­
HEADSec
3504.
Authority
and
functions
of
Director
­
STATUTE­
(
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,
including
alternative
information
technologies
that
provide
for
electronic
submission,
maintenance,
or
disclosure
of
information
as
a
substitute
for
paper
and
for
the
use
and
acceptance
of
electronic
signatures.
(
2)
The
authority
of
the
Director
under
this
subchapter
shall
be
exercised
consistent
with
applicable
law.
(
b)
With
respect
to
general
information
resources
management
policy,
the
Director
shall
­
(
1)
develop
and
oversee
the
implementation
of
uniform
information
resources
management
policies,
principles,
standards,
and
guidelines;
(
2)
foster
greater
sharing,
dissemination,
and
access
to
public
information,
including
through
­
(
A)
the
use
of
the
Government
Information
Locator
Service;
and
(
B)
the
development
and
utilization
of
common
standards
for
information
collection,
storage,
processing
and
communication,
including
standards
for
security,
interconnectivity
and
interoperability;
(
3)
initiate
and
review
proposals
for
changes
in
legislation,
regulations,
and
agency
procedures
to
improve
information
resources
management
practices;
(
4)
oversee
the
development
and
implementation
of
best
practices
in
information
resources
management,
including
training;
and
(
5)
oversee
agency
integration
of
program
and
management
functions
with
information
resources
management
functions.
(
c)
With
respect
to
the
collection
of
information
and
the
control
of
paperwork,
the
Director
shall
­
(
1)
review
and
approve
proposed
agency
collections
of
information;
(
2)
coordinate
the
review
of
the
collection
of
information
associated
with
Federal
procurement
and
acquisition
by
the
Office
of
Information
and
Regulatory
Affairs
with
the
Office
of
Federal
Procurement
Policy,
with
particular
emphasis
on
applying
information
technology
to
improve
the
efficiency
and
effectiveness
of
Federal
procurement,
acquisition
and
payment,
and
to
reduce
information
collection
burdens
on
the
public;
(
3)
minimize
the
Federal
information
collection
burden,
with
particular
emphasis
on
those
individuals
and
entities
most
adversely
affected;
(
4)
maximize
the
practical
utility
of
and
public
benefit
from
information
collected
by
or
for
the
Federal
Government;
and
(
5)
establish
and
oversee
standards
and
guidelines
by
which
agencies
are
to
estimate
the
burden
to
comply
with
a
proposed
collection
of
information.
(
d)
With
respect
to
information
dissemination,
the
Director
shall
develop
and
oversee
the
implementation
of
policies,
principles,
standards,
and
guidelines
to
­
(
1)
apply
to
Federal
agency
dissemination
of
public
information,
regardless
of
the
form
or
format
in
which
such
information
is
disseminated;
and
(
2)
promote
public
access
to
public
information
and
fulfill
the
purposes
of
this
subchapter,
including
through
the
effective
use
of
information
technology.
(
e)
With
respect
to
statistical
policy
and
coordination,
the
Director
shall
­
(
1)
coordinate
the
activities
of
the
Federal
statistical
system
to
ensure
­
(
A)
the
efficiency
and
effectiveness
of
the
system;
and
(
B)
the
integrity,
objectivity,
impartiality,
utility,
and
confidentiality
of
information
collected
for
statistical
purposes;
(
2)
ensure
that
budget
proposals
of
agencies
are
consistent
with
system­
wide
priorities
for
maintaining
and
improving
the
quality
of
Federal
statistics
and
prepare
an
annual
report
on
statistical
program
funding;
(
3)
develop
and
oversee
the
implementation
of
Governmentwide
policies,
principles,
standards,
and
guidelines
concerning
­
(
A)
statistical
collection
procedures
and
methods;
(
B)
statistical
data
classification;
(
C)
statistical
information
presentation
and
dissemination;
(
D)
timely
release
of
statistical
data;
and
(
E)
such
statistical
data
sources
as
may
be
required
for
the
administration
of
Federal
programs;
(
4)
evaluate
statistical
program
performance
and
agency
compliance
with
Governmentwide
policies,
principles,
standards
and
guidelines;
(
5)
promote
the
sharing
of
information
collected
for
statistical
purposes
consistent
with
privacy
rights
and
confidentiality
pledges;
(
6)
coordinate
the
participation
of
the
United
States
in
international
statistical
activities,
including
the
development
of
comparable
statistics;
(
7)
appoint
a
chief
statistician
who
is
a
trained
and
experienced
professional
statistician
to
carry
out
the
functions
described
under
this
subsection;
(
8)
establish
an
Interagency
Council
on
Statistical
Policy
to
advise
and
assist
the
Director
in
carrying
out
the
functions
under
this
subsection
that
shall
­
(
A)
be
headed
by
the
chief
statistician;
and
(
B)
consist
of
­
(
i)
the
heads
of
the
major
statistical
programs;
and
(
ii)
representatives
of
other
statistical
agencies
under
rotating
membership;
and
(
9)
provide
opportunities
for
training
in
statistical
policy
functions
to
employees
of
the
Federal
Government
under
which
­
(
A)
each
trainee
shall
be
selected
at
the
discretion
of
the
Director
based
on
agency
requests
and
shall
serve
under
the
chief
statistician
for
at
least
6
months
and
not
more
than
1
year;
and
(
B)
all
costs
of
the
training
shall
be
paid
by
the
agency
requesting
training.
(
f)
With
respect
to
records
management,
the
Director
shall
­
(
1)
provide
advice
and
assistance
to
the
Archivist
of
the
United
States
and
the
Administrator
of
General
Services
to
promote
coordination
in
the
administration
of
chapters
29,
31,
and
33
of
this
title
with
the
information
resources
management
policies,
principles,
standards,
and
guidelines
established
under
this
subchapter;
(
2)
review
compliance
by
agencies
with
­
(
A)
the
requirements
of
chapters
29,
31,
and
33
of
this
title;
and
(
B)
regulations
promulgated
by
the
Archivist
of
the
United
States
and
the
Administrator
of
General
Services;
and
(
3)
oversee
the
application
of
records
management
policies,
principles,
standards,
and
guidelines,
including
requirements
for
archiving
information
maintained
in
electronic
format,
in
the
planning
and
design
of
information
systems.
(
g)
With
respect
to
privacy
and
security,
the
Director
shall
­
(
1)
develop
and
oversee
the
implementation
of
policies,
principles,
standards,
and
guidelines
on
privacy,
confidentiality,
security,
disclosure
and
sharing
of
information
collected
or
maintained
by
or
for
agencies;
(
2)
oversee
and
coordinate
compliance
with
sections
552
and
552a
of
title
5,
sections
20
and
21
of
the
National
Institute
of
Standards
and
Technology
Act
(
15
U.
S.
C.
278g­
3
and
278g­
4),
section
5131
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1441),
and
sections
5
and
6
of
the
Computer
Security
Act
of
1987
(
40
U.
S.
C.
759
note),
(
FOOTNOTE
1)
and
related
information
management
laws;
and
(
FOOTNOTE
1)
See
References
in
Text
note
below.
(
3)
require
Federal
agencies,
consistent
with
the
standards
and
guidelines
promulgated
under
section
5131
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1441)
and
sections
5
and
6
of
the
Computer
Security
Act
of
1987
(
40
U.
S.
C.
759
note),
(
FOOTNOTE
1)
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
5131
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1441);
(
2)
monitor
the
effectiveness
of,
and
compliance
with,
directives
issued
under
division
E
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1401
et
seq.)
and
directives
issued
under
section
110
of
the
Federal
Property
and
Administrative
Services
Act
of
1949
(
40
U.
S.
C.
757);
(
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.

­
HEADSec
3505.
Assignment
of
tasks
and
deadlines
­
STATUTE­
(
a)
In
carrying
out
the
functions
under
this
subchapter,
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
subchapter,
particularly
with
regard
to
minimizing
the
Federal
information
collection
burden;
and
(
3)
in
consultation
with
the
Administrator
of
General
Services,
the
Director
of
the
National
Institute
of
Standards
and
Technology,
the
Archivist
of
the
United
States,
and
the
Director
of
the
Office
of
Personnel
Management,
develop
and
maintain
a
Governmentwide
strategic
plan
for
information
resources
management,
that
shall
include
­
(
A)
a
description
of
the
objectives
and
the
means
by
which
the
Federal
Government
shall
apply
information
resources
to
improve
agency
and
program
performance;
(
B)
plans
for
­
(
i)
reducing
information
burdens
on
the
public,
including
reducing
such
burdens
through
the
elimination
of
duplication
and
meeting
shared
data
needs
with
shared
resources;
(
ii)
enhancing
public
access
to
and
dissemination
of,
information,
using
electronic
and
other
formats;
and
(
iii)
meeting
the
information
technology
needs
of
the
Federal
Government
in
accordance
with
the
purposes
of
this
subchapter;
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.
­
HEADSec
3506.
Federal
agency
responsibilities
­
STATUTE­
(
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
subchapter
and
related
policies
established
by
the
Director.
(
2)(
A)
Except
as
provided
under
subparagraph
(
B),
the
head
of
each
agency
shall
designate
a
Chief
Information
Officer
who
shall
report
directly
to
such
agency
head
to
carry
out
the
responsibilities
of
the
agency
under
this
subchapter.
(
B)
The
Secretary
of
the
Department
of
Defense
and
the
Secretary
of
each
military
department
may
each
designate
Chief
Information
Officers
who
shall
report
directly
to
such
Secretary
to
carry
out
the
responsibilities
of
the
department
under
this
subchapter.
If
more
than
one
Chief
Information
Officer
is
designated,
the
respective
duties
of
the
Chief
Information
Officers
shall
be
clearly
delineated.
(
3)
The
Chief
Information
Officer
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
subchapter,
including
the
reduction
of
information
collection
burdens
on
the
public.
The
Chief
Information
Officer
and
employees
of
such
office
shall
be
selected
with
special
attention
to
the
professional
qualifications
required
to
administer
the
functions
described
under
this
subchapter.
(
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
Chief
Information
Officer
designated
under
paragraph
(
2)
and
the
agency
Chief
Financial
Officer
(
or
comparable
official),
each
agency
program
official
shall
define
program
information
needs
and
develop
strategies,
systems,
and
capabilities
to
meet
those
needs.
(
b)
With
respect
to
general
information
resources
management,
each
agency
shall
­
(
1)
manage
information
resources
to
­
(
A)
reduce
information
collection
burdens
on
the
public;
(
B)
increase
program
efficiency
and
effectiveness;
and
(
C)
improve
the
integrity,
quality,
and
utility
of
information
to
all
users
within
and
outside
the
agency,
including
capabilities
for
ensuring
dissemination
of
public
information,
public
access
to
government
information,
and
protections
for
privacy
and
security;
(
2)
in
accordance
with
guidance
by
the
Director,
develop
and
maintain
a
strategic
information
resources
management
plan
that
shall
describe
how
information
resources
management
activities
help
accomplish
agency
missions;
(
3)
develop
and
maintain
an
ongoing
process
to
­
(
A)
ensure
that
information
resources
management
operations
and
decisions
are
integrated
with
organizational
planning,
budget,
financial
management,
human
resources
management,
and
program
decisions;
(
B)
in
cooperation
with
the
agency
Chief
Financial
Officer
(
or
comparable
official),
develop
a
full
and
accurate
accounting
of
information
technology
expenditures,
related
expenses,
and
results;
and
(
C)
establish
goals
for
improving
information
resources
management's
contribution
to
program
productivity,
efficiency,
and
effectiveness,
methods
for
measuring
progress
towards
those
goals,
and
clear
roles
and
responsibilities
for
achieving
those
goals;
(
4)
in
consultation
with
the
Director,
the
Administrator
of
General
Services,
and
the
Archivist
of
the
United
States,
maintain
a
current
and
complete
inventory
of
the
agency's
information
resources,
including
directories
necessary
to
fulfill
the
requirements
of
section
3511
of
this
subchapter;
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
Chief
Information
Officer
designated
under
subsection
(
a),
that
is
sufficiently
independent
of
program
responsibility
to
evaluate
fairly
whether
proposed
collections
of
information
should
be
approved
under
this
subchapter,
to
­
(
A)
review
each
collection
of
information
before
submission
to
the
Director
for
review
under
this
subchapter,
including
­
(
i)
an
evaluation
of
the
need
for
the
collection
of
information;
(
ii)
a
functional
description
of
the
information
to
be
collected;
(
iii)
a
plan
for
the
collection
of
the
information;
(
iv)
a
specific,
objectively
supported
estimate
of
burden;
(
v)
a
test
of
the
collection
of
information
through
a
pilot
program,
if
appropriate;
and
(
vi)
a
plan
for
the
efficient
and
effective
management
and
use
of
the
information
to
be
collected,
including
necessary
resources;
(
B)
ensure
that
each
information
collection
­
(
i)
is
inventoried,
displays
a
control
number
and,
if
appropriate,
an
expiration
date;
(
ii)
indicates
the
collection
is
in
accordance
with
the
clearance
requirements
of
section
3507;
and
(
iii)
informs
the
person
receiving
the
collection
of
information
of
­
(
I)
the
reasons
the
information
is
being
collected;
(
II)
the
way
such
information
is
to
be
used;
(
III)
an
estimate,
to
the
extent
practicable,
of
the
burden
of
the
collection;
(
IV)
whether
responses
to
the
collection
of
information
are
voluntary,
required
to
obtain
a
benefit,
or
mandatory;
and
(
V)
the
fact
that
an
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
valid
control
number;
and
(
C)
assess
the
information
collection
burden
of
proposed
legislation
affecting
the
agency;
(
2)(
A)
except
as
provided
under
subparagraph
(
B)
or
section
3507(
j),
provide
60­
day
notice
in
the
Federal
Register,
and
otherwise
consult
with
members
of
the
public
and
affected
agencies
concerning
each
proposed
collection
of
information,
to
solicit
comment
to
­
(
i)
evaluate
whether
the
proposed
collection
of
information
is
necessary
for
the
proper
performance
of
the
functions
of
the
agency,
including
whether
the
information
shall
have
practical
utility;
(
ii)
evaluate
the
accuracy
of
the
agency's
estimate
of
the
burden
of
the
proposed
collection
of
information;
(
iii)
enhance
the
quality,
utility,
and
clarity
of
the
information
to
be
collected;
and
(
iv)
minimize
the
burden
of
the
collection
of
information
on
those
who
are
to
respond,
including
through
the
use
of
automated
collection
techniques
or
other
forms
of
information
technology;
and
(
B)
for
any
proposed
collection
of
information
contained
in
a
proposed
rule
(
to
be
reviewed
by
the
Director
under
section
3507(
d)),
provide
notice
and
comment
through
the
notice
of
proposed
rulemaking
for
the
proposed
rule
and
such
notice
shall
have
the
same
purposes
specified
under
subparagraph
(
A)(
i)
through
(
iv);
and
(
3)
certify
(
and
provide
a
record
supporting
such
certification,
including
public
comments
received
by
the
agency)
that
each
collection
of
information
submitted
to
the
Director
for
review
under
section
3507
­
(
A)
is
necessary
for
the
proper
performance
of
the
functions
of
the
agency,
including
that
the
information
has
practical
utility;
(
B)
is
not
unnecessarily
duplicative
of
information
otherwise
reasonably
accessible
to
the
agency;
(
C)
reduces
to
the
extent
practicable
and
appropriate
the
burden
on
persons
who
shall
provide
information
to
or
for
the
agency,
including
with
respect
to
small
entities,
as
defined
under
section
601(
6)
of
title
5,
the
use
of
such
techniques
as
­
(
i)
establishing
differing
compliance
or
reporting
requirements
or
timetables
that
take
into
account
the
resources
available
to
those
who
are
to
respond;
(
ii)
the
clarification,
consolidation,
or
simplification
of
compliance
and
reporting
requirements;
or
(
iii)
an
exemption
from
coverage
of
the
collection
of
information,
or
any
part
thereof;
(
D)
is
written
using
plain,
coherent,
and
unambiguous
terminology
and
is
understandable
to
those
who
are
to
respond;
(
E)
is
to
be
implemented
in
ways
consistent
and
compatible,
to
the
maximum
extent
practicable,
with
the
existing
reporting
and
recordkeeping
practices
of
those
who
are
to
respond;
(
F)
indicates
for
each
recordkeeping
requirement
the
length
of
time
persons
are
required
to
maintain
the
records
specified;
(
G)
contains
the
statement
required
under
paragraph
(
1)(
B)(
iii);
(
H)
has
been
developed
by
an
office
that
has
planned
and
allocated
resources
for
the
efficient
and
effective
management
and
use
of
the
information
to
be
collected,
including
the
processing
of
the
information
in
a
manner
which
shall
enhance,
where
appropriate,
the
utility
of
the
information
to
agencies
and
the
public;
(
I)
uses
effective
and
efficient
statistical
survey
methodology
appropriate
to
the
purpose
for
which
the
information
is
to
be
collected;
and
(
J)
to
the
maximum
extent
practicable,
uses
information
technology
to
reduce
burden
and
improve
data
quality,
agency
efficiency
and
responsiveness
to
the
public.
(
d)
With
respect
to
information
dissemination,
each
agency
shall
­
(
1)
ensure
that
the
public
has
timely
and
equitable
access
to
the
agency's
public
information,
including
ensuring
such
access
through
­
(
A)
encouraging
a
diversity
of
public
and
private
sources
for
information
based
on
government
public
information;
(
B)
in
cases
in
which
the
agency
provides
public
information
maintained
in
electronic
format,
providing
timely
and
equitable
access
to
the
underlying
data
(
in
whole
or
in
part);
and
(
C)
agency
dissemination
of
public
information
in
an
efficient,
effective,
and
economical
manner;
(
2)
regularly
solicit
and
consider
public
input
on
the
agency's
information
dissemination
activities;
(
3)
provide
adequate
notice
when
initiating,
substantially
modifying,
or
terminating
significant
information
dissemination
products;
and
(
4)
not,
except
where
specifically
authorized
by
statute
­
(
A)
establish
an
exclusive,
restricted,
or
other
distribution
arrangement
that
interferes
with
timely
and
equitable
availability
of
public
information
to
the
public;
(
B)
restrict
or
regulate
the
use,
resale,
or
redissemination
of
public
information
by
the
public;
(
C)
charge
fees
or
royalties
for
resale
or
redissemination
of
public
information;
or
(
D)
establish
user
fees
for
public
information
that
exceed
the
cost
of
dissemination.
(
e)
With
respect
to
statistical
policy
and
coordination,
each
agency
shall
­
(
1)
ensure
the
relevance,
accuracy,
timeliness,
integrity,
and
objectivity
of
information
collected
or
created
for
statistical
purposes;
(
2)
inform
respondents
fully
and
accurately
about
the
sponsors,
purposes,
and
uses
of
statistical
surveys
and
studies;
(
3)
protect
respondents'
privacy
and
ensure
that
disclosure
policies
fully
honor
pledges
of
confidentiality;
(
4)
observe
Federal
standards
and
practices
for
data
collection,
analysis,
documentation,
sharing,
and
dissemination
of
information;
(
5)
ensure
the
timely
publication
of
the
results
of
statistical
surveys
and
studies,
including
information
about
the
quality
and
limitations
of
the
surveys
and
studies;
and
(
6)
make
data
available
to
statistical
agencies
and
readily
accessible
to
the
public.
(
f)
With
respect
to
records
management,
each
agency
shall
implement
and
enforce
applicable
policies
and
procedures,
including
requirements
for
archiving
information
maintained
in
electronic
format,
particularly
in
the
planning,
design
and
operation
of
information
systems.
(
g)
With
respect
to
privacy
and
security,
each
agency
shall
­
(
1)
implement
and
enforce
applicable
policies,
procedures,
standards,
and
guidelines
on
privacy,
confidentiality,
security,
disclosure
and
sharing
of
information
collected
or
maintained
by
or
for
the
agency;
(
2)
assume
responsibility
and
accountability
for
compliance
with
and
coordinated
management
of
sections
552
and
552a
of
title
5,
the
Computer
Security
Act
of
1987
(
40
U.
S.
C.
759
note),
(
FOOTNOTE
1)
and
related
information
management
laws;
and
(
FOOTNOTE
1)
See
References
in
Text
note
below.
(
3)
consistent
with
the
Computer
Security
Act
of
1987
(
40
U.
S.
C.
759
note),
(
FOOTNOTE
1)
identify
and
afford
security
protections
commensurate
with
the
risk
and
magnitude
of
the
harm
resulting
from
the
loss,
misuse,
or
unauthorized
access
to
or
modification
of
information
collected
or
maintained
by
or
on
behalf
of
an
agency.
(
h)
With
respect
to
Federal
information
technology,
each
agency
shall
­
(
1)
implement
and
enforce
applicable
Governmentwide
and
agency
information
technology
management
policies,
principles,
standards,
and
guidelines;
(
2)
assume
responsibility
and
accountability
for
information
technology
investments;
(
3)
promote
the
use
of
information
technology
by
the
agency
to
improve
the
productivity,
efficiency,
and
effectiveness
of
agency
programs,
including
the
reduction
of
information
collection
burdens
on
the
public
and
improved
dissemination
of
public
information;
(
4)
propose
changes
in
legislation,
regulations,
and
agency
procedures
to
improve
information
technology
practices,
including
changes
that
improve
the
ability
of
the
agency
to
use
technology
to
reduce
burden;
and
(
5)
assume
responsibility
for
maximizing
the
value
and
assessing
and
managing
the
risks
of
major
information
systems
initiatives
through
a
process
that
is
­
(
A)
integrated
with
budget,
financial,
and
program
management
decisions;
and
(
B)
used
to
select,
control,
and
evaluate
the
results
of
major
information
systems
initiatives.

­
HEADSec
3507.
Public
information
collection
activities;
submission
to
Director;
approval
and
delegation
­
STATUTE­
(
a)
An
agency
shall
not
conduct
or
sponsor
the
collection
of
information
unless
in
advance
of
the
adoption
or
revision
of
the
collection
of
information
­
(
1)
the
agency
has
­
(
A)
conducted
the
review
established
under
section
3506(
c)(
1);
(
B)
evaluated
the
public
comments
received
under
section
3506(
c)(
2);
(
C)
submitted
to
the
Director
the
certification
required
under
section
3506(
c)(
3),
the
proposed
collection
of
information,
copies
of
pertinent
statutory
authority,
regulations,
and
other
related
materials
as
the
Director
may
specify;
and
(
D)
published
a
notice
in
the
Federal
Register
­
(
i)
stating
that
the
agency
has
made
such
submission;
and
(
ii)
setting
forth
­
(
I)
a
title
for
the
collection
of
information;
(
II)
a
summary
of
the
collection
of
information;
(
III)
a
brief
description
of
the
need
for
the
information
and
the
proposed
use
of
the
information;
(
IV)
a
description
of
the
likely
respondents
and
proposed
frequency
of
response
to
the
collection
of
information;
(
V)
an
estimate
of
the
burden
that
shall
result
from
the
collection
of
information;
and
(
VI)
notice
that
comments
may
be
submitted
to
the
agency
and
Director;
(
2)
the
Director
has
approved
the
proposed
collection
of
information
or
approval
has
been
inferred,
under
the
provisions
of
this
section;
and
(
3)
the
agency
has
obtained
from
the
Director
a
control
number
to
be
displayed
upon
the
collection
of
information.
(
b)
The
Director
shall
provide
at
least
30
days
for
public
comment
prior
to
making
a
decision
under
subsection
(
c),
(
d),
or
(
h),
except
as
provided
under
subsection
(
j).
(
c)(
1)
For
any
proposed
collection
of
information
not
contained
in
a
proposed
rule,
the
Director
shall
notify
the
agency
involved
of
the
decision
to
approve
or
disapprove
the
proposed
collection
of
information.
(
2)
The
Director
shall
provide
the
notification
under
paragraph
(
1),
within
60
days
after
receipt
or
publication
of
the
notice
under
subsection
(
a)(
1)(
D),
whichever
is
later.
(
3)
If
the
Director
does
not
notify
the
agency
of
a
denial
or
approval
within
the
60­
day
period
described
under
paragraph
(
2)
­
(
A)
the
approval
may
be
inferred;
(
B)
a
control
number
shall
be
assigned
without
further
delay;
and
(
C)
the
agency
may
collect
the
information
for
not
more
than
1
year.
(
d)(
1)
For
any
proposed
collection
of
information
contained
in
a
proposed
rule
­
(
A)
as
soon
as
practicable,
but
no
later
than
the
date
of
publication
of
a
notice
of
proposed
rulemaking
in
the
Federal
Register,
each
agency
shall
forward
to
the
Director
a
copy
of
any
proposed
rule
which
contains
a
collection
of
information
and
any
information
requested
by
the
Director
necessary
to
make
the
determination
required
under
this
subsection;
and
(
B)
within
60
days
after
the
notice
of
proposed
rulemaking
is
published
in
the
Federal
Register,
the
Director
may
file
public
comments
pursuant
to
the
standards
set
forth
in
section
3508
on
the
collection
of
information
contained
in
the
proposed
rule;
(
2)
When
a
final
rule
is
published
in
the
Federal
Register,
the
agency
shall
explain
­
(
A)
how
any
collection
of
information
contained
in
the
final
rule
responds
to
the
comments,
if
any,
filed
by
the
Director
or
the
public;
or
(
B)
the
reasons
such
comments
were
rejected.
(
3)
If
the
Director
has
received
notice
and
failed
to
comment
on
an
agency
rule
within
60
days
after
the
notice
of
proposed
rulemaking,
the
Director
may
not
disapprove
any
collection
of
information
specifically
contained
in
an
agency
rule.
(
4)
No
provision
in
this
section
shall
be
construed
to
prevent
the
Director,
in
the
Director's
discretion
­
(
A)
from
disapproving
any
collection
of
information
which
was
not
specifically
required
by
an
agency
rule;
(
B)
from
disapproving
any
collection
of
information
contained
in
an
agency
rule,
if
the
agency
failed
to
comply
with
the
requirements
of
paragraph
(
1)
of
this
subsection;
(
C)
from
disapproving
any
collection
of
information
contained
in
a
final
agency
rule,
if
the
Director
finds
within
60
days
after
the
publication
of
the
final
rule
that
the
agency's
response
to
the
Director's
comments
filed
under
paragraph
(
2)
of
this
subsection
was
unreasonable;
or
(
D)
from
disapproving
any
collection
of
information
contained
in
a
final
rule,
if
­
(
i)
the
Director
determines
that
the
agency
has
substantially
modified
in
the
final
rule
the
collection
of
information
contained
in
the
proposed
rule;
and
(
ii)
the
agency
has
not
given
the
Director
the
information
required
under
paragraph
(
1)
with
respect
to
the
modified
collection
of
information,
at
least
60
days
before
the
issuance
of
the
final
rule.
(
5)
This
subsection
shall
apply
only
when
an
agency
publishes
a
notice
of
proposed
rulemaking
and
requests
public
comments.
(
6)
The
decision
by
the
Director
to
approve
or
not
act
upon
a
collection
of
information
contained
in
an
agency
rule
shall
not
be
subject
to
judicial
review.
(
e)(
1)
Any
decision
by
the
Director
under
subsection
(
c),
(
d),
(
h),
or
(
j)
to
disapprove
a
collection
of
information,
or
to
instruct
the
agency
to
make
substantive
or
material
change
to
a
collection
of
information,
shall
be
publicly
available
and
include
an
explanation
of
the
reasons
for
such
decision.
(
2)
Any
written
communication
between
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs,
or
any
employee
of
the
Office
of
Information
and
Regulatory
Affairs,
and
an
agency
or
person
not
employed
by
the
Federal
Government
concerning
a
proposed
collection
of
information
shall
be
made
available
to
the
public.
(
3)
This
subsection
shall
not
require
the
disclosure
of
­
(
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
subchapter,
the
disclosure
of
which
could
lead
to
retaliation
or
discrimination
against
the
communicator.
(
f)(
1)
An
independent
regulatory
agency
which
is
administered
by
2
or
more
members
of
a
commission,
board,
or
similar
body,
may
by
majority
vote
void
­
(
A)
any
disapproval
by
the
Director,
in
whole
or
in
part,
of
a
proposed
collection
of
information
of
that
agency;
or
(
B)
an
exercise
of
authority
under
subsection
(
d)
of
section
3507
concerning
that
agency.
(
2)
The
agency
shall
certify
each
vote
to
void
such
disapproval
or
exercise
to
the
Director,
and
explain
the
reasons
for
such
vote.
The
Director
shall
without
further
delay
assign
a
control
number
to
such
collection
of
information,
and
such
vote
to
void
the
disapproval
or
exercise
shall
be
valid
for
a
period
of
3
years.
(
g)
The
Director
may
not
approve
a
collection
of
information
for
a
period
in
excess
of
3
years.
(
h)(
1)
If
an
agency
decides
to
seek
extension
of
the
Director's
approval
granted
for
a
currently
approved
collection
of
information,
the
agency
shall
­
(
A)
conduct
the
review
established
under
section
3506(
c),
including
the
seeking
of
comment
from
the
public
on
the
continued
need
for,
and
burden
imposed
by
the
collection
of
information;
and
(
B)
after
having
made
a
reasonable
effort
to
seek
public
comment,
but
no
later
than
60
days
before
the
expiration
date
of
the
control
number
assigned
by
the
Director
for
the
currently
approved
collection
of
information,
submit
the
collection
of
information
for
review
and
approval
under
this
section,
which
shall
include
an
explanation
of
how
the
agency
has
used
the
information
that
it
has
collected.
(
2)
If
under
the
provisions
of
this
section,
the
Director
disapproves
a
collection
of
information
contained
in
an
existing
rule,
or
recommends
or
instructs
the
agency
to
make
a
substantive
or
material
change
to
a
collection
of
information
contained
in
an
existing
rule,
the
Director
shall
­
(
A)
publish
an
explanation
thereof
in
the
Federal
Register;
and
(
B)
instruct
the
agency
to
undertake
a
rulemaking
within
a
reasonable
time
limited
to
consideration
of
changes
to
the
collection
of
information
contained
in
the
rule
and
thereafter
to
submit
the
collection
of
information
for
approval
or
disapproval
under
this
subchapter.
(
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
subchapter.
(
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
subchapter;
and
(
ii)
is
essential
to
the
mission
of
the
agency;
and
(
B)
the
agency
cannot
reasonably
comply
with
the
provisions
of
this
subchapter
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
subchapter
for
a
maximum
of
180
days
after
the
date
on
which
the
Director
received
the
request
to
authorize
such
collection.

­
HEADSec
3508.
Determination
of
necessity
for
information;
hearing
­
STATUTEBefore
approving
a
proposed
collection
of
information,
the
Director
shall
determine
whether
the
collection
of
information
by
the
agency
is
necessary
for
the
proper
performance
of
the
functions
of
the
agency,
including
whether
the
information
shall
have
practical
utility.
Before
making
a
determination
the
Director
may
give
the
agency
and
other
interested
persons
an
opportunity
to
be
heard
or
to
submit
statements
in
writing.
To
the
extent,
if
any,
that
the
Director
determines
that
the
collection
of
information
by
an
agency
is
unnecessary
for
any
reason,
the
agency
may
not
engage
in
the
collection
of
information.

­
HEADSec
3509.
Designation
of
central
collection
agency
­
STATUTEThe
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
subchapter.

­
HEADSec
3510.
Cooperation
of
agencies
in
making
information
available
­
STATUTE­
(
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.

­
HEADSec
3511.
Establishment
and
operation
of
Government
Information
Locator
Service
­
STATUTE­
(
a)
In
order
to
assist
agencies
and
the
public
in
locating
information
and
to
promote
information
sharing
and
equitable
access
by
the
public,
the
Director
shall
­
(
1)
cause
to
be
established
and
maintained
a
distributed
agency­
based
electronic
Government
Information
Locator
Service
(
hereafter
in
this
section
referred
to
as
the
''
Service''),
which
shall
identify
the
major
information
systems,
holdings,
and
dissemination
products
of
each
agency;
(
2)
require
each
agency
to
establish
and
maintain
an
agency
information
locator
service
as
a
component
of,
and
to
support
the
establishment
and
operation
of
the
Service;
(
3)
in
cooperation
with
the
Archivist
of
the
United
States,
the
Administrator
of
General
Services,
the
Public
Printer,
and
the
Librarian
of
Congress,
establish
an
interagency
committee
to
advise
the
Secretary
of
Commerce
on
the
development
of
technical
standards
for
the
Service
to
ensure
compatibility,
promote
information
sharing,
and
uniform
access
by
the
public;
(
4)
consider
public
access
and
other
user
needs
in
the
establishment
and
operation
of
the
Service;
(
5)
ensure
the
security
and
integrity
of
the
Service,
including
measures
to
ensure
that
only
information
which
is
intended
to
be
disclosed
to
the
public
is
disclosed
through
the
Service;
and
(
6)
periodically
review
the
development
and
effectiveness
of
the
Service
and
make
recommendations
for
improvement,
including
other
mechanisms
for
improving
public
access
to
Federal
agency
public
information.
(
b)
This
section
shall
not
apply
to
operational
files
as
defined
by
the
Central
Intelligence
Agency
Information
Act
(
50
U.
S.
C.
431
et
seq.).

­
HEADSec
3512.
Public
protection
­
STATUTE­
(
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
subchapter
if
­
(
1)
the
collection
of
information
does
not
display
a
valid
control
number
assigned
by
the
Director
in
accordance
with
this
subchapter;
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.
­
HEADSec
3513.
Director
review
of
agency
activities;
reporting;
agency
response
­
STATUTE­
(
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.

­
HEADSec
3514.
Responsiveness
to
Congress
­
STATUTE­
(
a)(
1)
The
Director
shall
­
(
A)
keep
the
Congress
and
congressional
committees
fully
and
currently
informed
of
the
major
activities
under
this
subchapter;
and
(
B)
submit
a
report
on
such
activities
to
the
President
of
the
Senate
and
the
Speaker
of
the
House
of
Representatives
annually
and
at
such
other
times
as
the
Director
determines
necessary.
(
2)
The
Director
shall
include
in
any
such
report
a
description
of
the
extent
to
which
agencies
have
­
(
A)
reduced
information
collection
burdens
on
the
public,
including
­
(
i)
a
summary
of
accomplishments
and
planned
initiatives
to
reduce
collection
of
information
burdens;
(
ii)
a
list
of
all
violations
of
this
subchapter
and
of
any
rules,
guidelines,
policies,
and
procedures
issued
pursuant
to
this
subchapter;
(
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.

­
HEADSec
3515.
Administrative
powers
­
STATUTEUpon
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
subchapter.

­
HEADSec
3516.
Rules
and
regulations
­
STATUTEThe
Director
shall
promulgate
rules,
regulations,
or
procedures
necessary
to
exercise
the
authority
provided
by
this
subchapter.

­
HEADSec
3517.
Consultation
with
other
agencies
and
the
public
­
STATUTE­
(
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
subchapter,
a
person
shall
maintain,
provide,
or
disclose
the
information
to
or
for
the
agency.
Unless
the
request
is
frivolous,
the
Director
shall,
in
coordination
with
the
agency
responsible
for
the
collection
of
information
­
(
1)
respond
to
the
request
within
60
days
after
receiving
the
request,
unless
such
period
is
extended
by
the
Director
to
a
specified
date
and
the
person
making
the
request
is
given
notice
of
such
extension;
and
(
2)
take
appropriate
remedial
action,
if
necessary.

­
HEADSec
3518.
Effect
on
existing
laws
and
regulations
­
STATUTE­
(
a)
Except
as
otherwise
provided
in
this
subchapter,
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
subchapter.
(
b)
Nothing
in
this
subchapter
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
subchapter
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
subchapter
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
subchapter
shall
be
interpreted
as
increasing
or
decreasing
the
authority
conferred
by
section
5131
of
the
Clinger­
Cohen
Act
of
1996
(
40
U.
S.
C.
1441)
and
the
Computer
Security
Act
of
1987
(
40
U.
S.
C.
759
note)
(
FOOTNOTE
1)
on
the
Secretary
of
Commerce
or
the
Director
of
the
Office
of
Management
and
Budget.
(
FOOTNOTE
1)
See
References
in
Text
note
below.
(
e)
Nothing
in
this
subchapter
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.

­
HEADSec
3519.
Access
to
information
­
STATUTEUnder
the
conditions
and
procedures
prescribed
in
section
716
of
title
31,
the
Director
and
personnel
in
the
Office
of
Information
and
Regulatory
Affairs
shall
furnish
such
information
as
the
Comptroller
General
may
require
for
the
discharge
of
the
responsibilities
of
the
Comptroller
General.
For
the
purpose
of
obtaining
such
information,
the
Comptroller
General
or
representatives
thereof
shall
have
access
to
all
books,
documents,
papers
and
records,
regardless
of
form
or
format,
of
the
Office.

­
HEADSec
3520.
Authorization
of
appropriations
­
STATUTEThere
are
authorized
to
be
appropriated
to
the
Office
of
Information
and
Regulatory
Affairs
to
carry
out
the
provisions
of
this
subchapter,
and
for
no
other
purpose,
$
8,000,000
for
each
of
the
fiscal
years
1996,
1997,
1998,
1999,
2000,
and
2001.

###
