Pub.L. 104-130 To give the President line item veto authority with respect to appropriations, <> new direct spending, and limited tax benefits. ...

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Public Law 104-13
104th Congress

                                 An Act


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

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

SECTION 1. <<NOTE: 44 USC 101 note.>> SHORT TITLE.

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

SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.

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

        ``CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

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

``Sec. 3501. Purposes

    ``The purposes of this chapter are to--
            ``(1) minimize the paperwork burden for individuals, small 
        businesses, educational and nonprofit institutions, Federal 
        contractors, State, local and tribal governments, and other 
        persons resulting from the collection of information by or for 
        the Federal Government;
            ``(2) ensure the greatest possible public benefit from and 
        maximize the utility of information created, collected, main

[[Page 109 STAT. 164]]

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

``Sec. 3502. Definitions

    ``As used in this chapter--
            ``(1) the term `agency' means any executive department, 
        military department, Government corporation, Government 
        controlled corporation, or other establishment in the executive 
        branch of the Government (including the Executive Office of the 
        President), or any independent regulatory agency, but does not 
        include--
                    ``(A) the General Accounting Office;
                    ``(B) Federal Election Commission;

[[Page 109 STAT. 165]]

                    ``(C) the governments of the District of Columbia 
                and of the territories and possessions of the United 
                States, and their various subdivisions; or
                    ``(D) Government-owned contractor-operated 
                facilities, including laboratories engaged in national 
                defense research and production activities;
            ``(2) the term `burden' means time, effort, or financial 
        resources expended by persons to generate, maintain, or provide 
        information to or for a Federal agency, including the resources 
        expended for--
                    ``(A) reviewing instructions;
                    ``(B) acquiring, installing, and utilizing 
                technology and systems;
                    ``(C) adjusting the existing ways to comply with any 
                previously applicable instructions and requirements;
                    ``(D) searching data sources;
                    ``(E) completing and reviewing the collection of 
                information; and
                    ``(F) transmitting, or otherwise disclosing the 
                information;
            ``(3) the term `collection of information'--
                    ``(A) means the obtaining, causing to be obtained, 
                soliciting, or requiring the disclosure to third parties 
                or the public, of facts or opinions by or for an agency, 
                regardless of form or format, calling for either--
                          ``(i) answers to identical questions posed to, 
                      or identical reporting or recordkeeping 
                      requirements imposed on, ten or more persons, 
                      other than agencies, instrumentalities, or 
                      employees of the United States; or
                          ``(ii) answers to questions posed to agencies, 
                      instrumentalities, or employees of the United 
                      States which are to be used for general 
                      statistical purposes; and
                    ``(B) shall not include a collection of information 
                described under section 3518(c)(1);
            ``(4) the term `Director' means the Director of the Office 
        of Management and Budget;
            ``(5) the term `independent regulatory agency' means the 
        Board of Governors of the Federal Reserve System, the Commodity 
        Futures Trading Commission, the Consumer Product Safety 
        Commission, the Federal Communications Commission, the Federal 
        Deposit Insurance Corporation, the Federal Energy Regulatory 
        Commission, the Federal Housing Finance Board, the Federal 
        Maritime Commission, the Federal Trade Commission, the 
        Interstate Commerce Commission, the Mine Enforcement Safety and 
        Health Review Commission, the National Labor Relations Board, 
        the Nuclear Regulatory Commission, the Occupational Safety and 
        Health Review Commission, the Postal Rate Commission, the 
        Securities and Exchange Commission, and any other similar agency 
        designated by statute as a Federal independent regulatory agency 
        or commission;
            ``(6) the term `information resources' means information and 
        related resources, such as personnel, equipment, funds, and 
        information technology;

[[Page 109 STAT. 166]]

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

``Sec. 3503. <<NOTE: Establishment.>> Office of Information and 
                        Regulatory Affairs

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

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``Sec. 3504. Authority and functions of Director

    ``(a)(1) The Director shall oversee the use of information resources 
to improve the efficiency and effectiveness of governmental operations 
to serve agency missions, including burden reduction and service 
delivery to the public. In performing such oversight, the Director 
shall--
            ``(A) develop, coordinate and oversee the implementation of 
        Federal information resources management policies, principles, 
        standards, and guidelines; and
            ``(B) provide direction and oversee--
                    ``(i) the review and approval of the collection of 
                information and the reduction of the information 
                collection burden;
                    ``(ii) agency dissemination of and public access to 
                information;
                    ``(iii) statistical activities;
                    ``(iv) records management activities;
                    ``(v) privacy, confidentiality, security, 
                disclosure, and sharing of information; and
                    ``(vi) the acquisition and use of information 
                technology.

    ``(2) The authority of the Director under this chapter shall be 
exercised consistent with applicable law.
    ``(b) With respect to general information resources management 
policy, the Director shall--
            ``(1) develop and oversee the implementation of uniform 
        information resources management policies, principles, 
        standards, and guidelines;
            ``(2) foster greater sharing, dissemination, and access to 
        public information, including through--
                    ``(A) the use of the Government Information Locator 
                Service; and
                    ``(B) the development and utilization of common 
                standards for information collection, storage, 
                processing and communication, including standards for 
                security, interconnectivity and interoperability;
            ``(3) initiate and review proposals for changes in 
        legislation, regulations, and agency procedures to improve 
        information resources management practices;
            ``(4) oversee the development and implementation of best 
        practices in information resources management, including 
        training; and
            ``(5) oversee agency integration of program and management 
        functions with information resources management functions.

    ``(c) With respect to the collection of information and the control 
of paperwork, the Director shall--
            ``(1) review and approve proposed agency collections of 
        information;
            ``(2) coordinate the review of the collection of information 
        associated with Federal procurement and acquisition by the 
        Office of Information and Regulatory Affairs with the Office of 

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