PUBLIC LAW 96-511 (H.R. 6410); DECEMBER 11, 1980 PAPERWORK REDUCTION ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300010017-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 14, 2016
• Document Release Date: July 17, 2003
• Sequence Number: 17
• Publication Date: December 11, 1980
• Content Type: OPEN

jproved For .ase 2003/08/13: CIA-RDP84B008900300010017-8
Paperwork
Reduction Act of
1980.
44 USC 101note.
PUBLIC LAW 96-511 [H.R. 6410]; December 11, 1980
PAPERWORK REDUCTION ACT OF 1980
For Legislative History of Act, see p. 10371
An Act to reduce paperwork and enhance the economy and efficiency of the
Government and the private sector by improving Federal information
policymaking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Paperwork Reduction Act of 1980".
SEC. 2. (a) Chapter 35 of title 44, United States Code, is amended to
read as follows:
"CHAPTER 35-COORDINATION OF FEDERAL
"Sec.
"3501. Purpose.
"3502. Definitions.
INFORMATION POLICY
"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 Federal Information Locator System.
"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.
"? 3501. Purpose
"The purpose of this chapter is-
to minimize the Federal paperwork burden for individuals,
"(1)
small businesses, State and local governments, and other per-
sons;
"(2) to minimize the cost to the Federal Government of collect.
maintaining, using, and disseminating information;
in
,
`(3) to maximize the usefulness of information collected by the
Federal Government;
"(4) to coordinate, integrate and, to the extent practicable and
appropriate, make uniform Federal information policies and
practices;
"(5) to ensure that automatic data processing and telecommu.
nications technologies are acquired and used by the Federal
Government in a manner which improves service delivery and
program management, increases productivity, reduces waste and
fraud, and, wherever practicable and appropriate, reduces the
 11 PAPERWOitK .i2EYDU N ACT P.L. 96-51
"(6) to ensure that the collection, maintenance, use and dis-
semination of information by the Federal Government is consist-
ent with applicable laws relating to confidentiality,, including
section 552a of title 5, United States Code, known as the Privacy
Act.
'13502. Definitions
"As used in this chapter-
"(1) the term 'agency' means any executive department, mili-
tary department, Government corporation, Government con-
trolled 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 the General Accounting Office, Federal Election Com-
mission, the governments of the District of Columbia and of the
territories and possessions of the United-States, and their various
subdivisions, or Government-owned contractor-operated facili-
ties including laboratories engaged in national defense research
and production activities;,
"(2) the terms 'automatic data processing,' 'automatic data
processing equipment,' and 'telecommunications' do not include
any data processing or telecommunications system or equip-
ment, the function, operation or use of which-
"(A) involves intelligence activities;
"(B) involves cryptologic activities related to national
security; -
"(C) involves the direct command and control of military
forces;
"(D) involves equipment which is an integral part of a
weapon or weapons system; or
"(E) is critical to the direct fulfillment of military or
intelligence missions, provided that this exclusion shall not
include automatic data processing or telecommunications
equipment used for routine administrative and business
applications such as payroll, finance, logistics, and personnel
management;
"(3) the term 'burden' means the time, effort, or financial
resources expended by persons to provide information to a'
Federal agency;
"(4) the term 'collection of information' means the obtaining or
soliciting of facts or opinions by an agency through the use of
written report forms, application forms, schedules, question-
naires, reporting or recordkeeping requirements, or other simi-
lar methods calling for either-
"(A) 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
"(B) answers to questions posed to agencies, instrumental-
,ities, or employees of the United States which are to be used
for general statistical purposes;'
"(5) the term 'data element' means a distinct piece of informa-
tion such as a name, term, number, abbreviation, or symbol;
94 STAT. 2813
informatiom processing burden for the Federal Government and
for persons who provide information to the Federal Government;
 44 USC 3503.
Establishment.
94 STAT..2814
"(6) the term 'data element dictionary' means a system con-
taining standard and uniform definitions and cross references for
commonly used data elements;
"(7) the term `data profile' means a synopsis of the questions
contained in an information collection request and the official
name of the request, the location of information obtained or to be
obtained through the request, a description of any compilations,
analyses, or reports derived or to be derived from such informa-
tion, any record retention requirements associated with the
request, the agency responsible for the request, the statute
authorizing the request, and any other information necessary to
identify, obtain, or use the data contained in such information;
"(8) the term 'Director' means the Director of the Office of
Management and Budget;
"(9) the term 'directory of information resources' means a
catalog of. information collection requests, containing a data
profile for each request;
"(10) the term' 'independent regulatory agency' means the
Board of Governors of the Federal Reserve System, the Civil
Aeronautics Board, the Commodity Futures Trading Commis-
sion, the Consumer Product Safety Commission, the Federal
Communications Commission, the Federal Deposit Insurance
Corporation, the Federal Energy Regulatory Commission, the
Federal Home Loan Bank Board, the Federal Maritime Commis-
sion, 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 desig-
nated by statute as a Federal independent regulatory agency or
commission;
"(l1) the term 'information collection request' means a written
report form, application form, schedule, questionnaire, reporting
or recordkeeping requirement, or other similar method calling
for the collection of information;
"(12) the term 'information referral service' means the func-
tion that assists officials and persons in obtaining access to the
Federal Information Locator System;
"(13) the term 'information systems' means management infor.
mation systems;
"(14) the term 'person' means an individual, partnership,
association, corporation, business trust, or legal representative,
an organized group of individuals, a State, territorial; or local
government or branch thereof, or a political subdivision of a
State, territory, or local government or a branch of a political
subdivision;
"(15) the term 'practical utility' means the ability of an agency
to use information it collects, particularly the capability to
process such information in a timely and useful fashion; and
"(16) the term "recordkeeping requirement' means a require.
ment imposed by an agency on persons to maintain specified
records. I
3503. Office of Information and Regulatory Affairs
"(a) There is established in the Office of Management and Budget
an office to be known as the Office of Information and Regulatory
Affairs.
 Dec. 11 PAI'EiAn Ye F& RsR403/08/13: CIA-RDPp$j4B00890
98511
"(b) There shall be at the head of the Office an Administrator who Administrator,
shall be appointed by, and who shall report directly to, the Director. appointment.
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 policy.
3504. Authority and functions of Director 44 USC 3504.
"(a) The Director shall develop and implement Federal information
policies, principles, standards, and guidelines and shall provide
direction and oversee the review and approval of information collec-
tion requests, the reduction of the paperwork burden, Federal statis-
tical activities, records management activities, privacy of records,
interagency sharing of information, and acquisition and use of
automatic data processing telecommunications, and other technology
for managing information resources. The authority under this section
shall be exercised consistent with applicable law.
"(b) The general information policy functions of the Director shall
include-
"(1) developing and implementing uniform and consistent
information resources management policies and overseeing the
development of information management principles, standards,
and guidelines and promoting their use;
"(2) initiating and reviewing proposals for changes in legisla-
tion, regulations, and agency procedures to improve information
practices, and informing the President and the Congress on the
progress made therein;
"(3) coordinating, through the review of budget proposals and
as otherwise provided in this section, agency information prac-
tices;
"(4) promoting, through the use of the Federal Information
Locator System, the review of budget proposals and other meth-
ods, greater sharing of information by agencies;
"(5) evaluating agency information management practices to
determine their adequacy and efficiency, and to determine com-
pliance of such practices with the policies, principles, standards,
and guidelines promulgated by the Director; and
11(6) overseeing planning for, and conduct of research with
respect to, Federal collection, processing, storage, transmission,
and use of information.
"(c) The information collection request clearance and other paper- Paperwork.
work control functions of the Director shall include- Control
"(1) reviewing and approving information collection requests functions.
proposed by agencies;
"(2) determining whether the collection of information by an
agency is necessary for the proper performance of the functions
of the agency, including whether the information will have
practical utility for the agency;
"(3) ensuring that all information collection requests-
"(A) are inventoried, display a control number and, when
appropriate, an expiration date;
`(B) indicate the request is in accordance with the clear-
ance requirements of section 3507; and Post, p. 2819.
"(C) contain a statement to inform the person receiving
the request why the information is being collected, how it is
to be used, and whether responses to the request are volun-
tary, required to obtain a benefit, or mandatory;
11 U.s.Cong.News ?80-16' 94 STAT. 2815
0300q
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P.L. 511 LAWS OF '96th G. 2nd ES Y Dec.- 11
"(4) designating as appropriate, in accordance with section
post, p. 2820. 3509, a collection agency to obtain information for two or more
agencies;
"(5) setting goals for reduction of the burdens of Federal
information collection requests;
"(6) overseeing action on the recommendations of the Commis-
sion on Federal Paperwork; and
"(7) designing and operating, in accordance with section 3511,
post, p. 2822. . the Federal Information Locator System.
"(d) The statistical policy and coordination functions of the Direc-
tor shall include-
"(1) developing long range plans for the improved performance
of Federal statistical activities and programs; .
"(2) coordinating, through the review of budget prop Is and
as otherwise provided in this section, the functions of the Federal
Government with respect to gathering, interpreting, and dis-
seminating statistics and statistical information;
"(3) developing and implementing Government-wide policies,
pprinciples, standards, and guidelines concerning statistical col-
lection procedures and methods, statistical data classifications,
and statistical information presentation and dissemination; and
"(4) evaluating statistical program performance and agency
compliance with Government-wide policies, principles, stand-
ards, and guidelines.
"(e) The records management functions of the Director shall
include--
"M providing advice and assistance to the Administrator of
General Services in order to promote coordination in the admin-
44 USC 2901 et istration of chapters 29, 31, and 33 of this title with the informa-
seq., 3101 et seq., tion policies, principles, standards, and guidelines established
3301 et seq. under this chapter;
"(2) reviewing compliance by agencies with the requirements
of chapters 29, 31, and 33 of this title and with regulations
promulgated by the Administrator of General Services thereun-
der, and
"(3) coordinating records management policies and programs
with related information programs such as information collec-
tion, statistics, automatic- data processing and telecommunica-
tions, and similar activities. '
"(f) The privacy functions of the Director shall include-
"(1) developing and implementing policies, principles; stand-
ards, and guidelines on information disclosure and confidential-
ity, and on safeguarding the security of information collected or
maintained by or on behalf of agencies;
"(2) providing agencies with advice and guidance about infor-
mation security, restriction, exchange, and disclosure- and
"(3) monitoring compliance with section 552a of title 5, United
States Code, and related information management laws.
"(g) The Federal automatic data processing and telecommunica-
tions functions of the Director shall include-
"(1) developing and implementing policies, principles, stand-
ards, and guidelines for automatic data processing and telecom-
munications functions and activities of the Federal Government,
and overseeing the establishment of standards under. section
111(f).of the Federal Property and Administrative Services Act of
40 USC 759. 1949;
"(2) monitoring the effectiveness of, and compliance with,
directives issued pursuant to sections 110 and 111 of such Act of
94 STAT. 2816
 Dec. 1L pA#,RF F &1jmL- .~(A(408/13 : CIA-RDP84PRO OH9f OO0100-11
1949 and reviewing proposed determinations under section 111(g) 40 USC 757, 759.
f
h A
o
suc
ct;
"(3) providing advice and guidance on'the acquisition and use
of automatic data processing and telecommunications equip-
ment, and coordinating, through the review of budget proposals
and other methods, agency proposals for acquisition and-use of
such equipment;
"(4) promoting the use of automatic data processing and
telecommunications equipment by the Federal Government to
improve the effectiveness of the use and dissemination of data in
the operation of Federal programs; and
"(5) initiating and reviewing proposals for changes in legisla-
tion, regulations, and agency procedures to improve automatic
data processing and telecommunications practices, and inform-
ing the President and the Congress of the progress made therein.
"(hXl) 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 pursuant
to this section.
"(2) Within sixty 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 post, p. 2821.
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 why it rejected those comments.
"(4) The Director has no authority to disapprove any collection of
information requirement specifically contained in an agency rule, if
he has received notice and failed to comment on the rule within sixty
days of the notice of proposed rulemaking.
"(5) Nothing in this section prevents the Director, in his discre-
tion-
"(A) from disapproving any information collection request
which was not specifically required by an agency rule;
"(B) from disapproving any collection' of information require-
ment contained in an agency rule, if the agency failed to comply
with the requirements of paragraph (1) of this subsection; or
"(C) from disapproving any collection of information require-
ment contained in a final agency rule, if the Director finds within
sixty days of the publication of the final rule that the agency's
response to his comments filed pursuant to paragraph (2) of this
subsection was unreasonable.
"(D) from disapproving any collection of information require-
ment where the Director determines that the agency has sub-
stantially modified in the final rule the collection of information
requirement contained in the proposed rule where the agency
has not given the Director the information required in paragraph
(1), with respect to the modified collection of information require-
ment, at least sixty 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
the provisions of section 3507(c). Post, 2819.
94 STAT. 2817
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~--~~
"(8) This subsection shall apply only when an agency publishes a
notice of proposed rulemaking and requests public comments.
"(9) There shall be no judicial review of any kind of the Director's
decision to approve or not to act upon a collection of information
requirement contained in an agency rule.
44 USC 3505. 3505. Assignment of tasks and deadlines
"In carrying out the functions under this chapter, the Director
shall-
"(1) upon enactment of this Act-
50 USC 401 note.
"(A) set a goal to reduce the then existing burden of
Federal collections of information by 15 per centum by
October 1, 1982; and:'
"(B) for the year following, set a goal to reduce the burden
which existed upon enactment by an additional 10 per
centum;
"(2) within one ! year after the effective date of this Act=
"(A) establish standards and requirements for agency
audits of all major information systems and assign responsi-
bility for, conducting" Government-wide or multiagency
audits, except the Director shall not assign such responsi-
bility for the audit of major information systems used for the
conduct of criminal' investigations or intelligence activities
as defined in section 4-206 of Executive Order 12036, issued.
January 24, 1978,' or successor orders; or for cryptologic
activities that are communications security activities;
"(B) establish the Federal Information Locator System;
"(C) identify areas of duplication in information- collection
requests and develop a schedule and methods for eliminating
duplication; `
"(D) develop a proposal to augment the Federal Informa-
tion Locator System to include data profiles of major infor-
mation holdings of agencies (used in the conduct of their
operations),which are not otherwise required by this chapter
to be included in the System; and
"(E) identify initiatives which may achieve a 10 per
centum reduction in the burden of Federal collections of
information associated with the administration of Federal
grant programs; and
"(3) within two years after the effective date of this Act-
"(A) establish a schedule and a management control
system to ensure that practices and programs of information
handling disciplines, including records management, are
appropriately integrated with the information policies' man.
dated by this chapter;
"(B) identify initiatives to improve productivity in Federal
operations using information processing technology;
"(C) develop a program to (i) enforce Federal information
processing standards, particularly software language stand-
ards, at all Federal installations; and (ii) revitalize the
standards development - program established pursuant to
section 759(f)(2) of title 40, United States Code, separating it
from peripheral technical assistance functions and directing
it to the most productive areas; '
"(D) complete action on recommendations of the Commis-
sion on Federal Paperwork by implementing, implementing
with modification or rejecting such ' recommendations
 Dec. 11 p~pApppproved For Rase 2003/08/13 : CIA-RDP84B00890 0300
PAPERWORK REDI ON ACT P.L. 96.51
including, where necessary, development of legislation to
implement such recommendations;
(E) develop, in consultation with the Administrator of
General Services, a five-year plan for meeting the automatic
data processing and telecommunications needs of the Fed-
eral Government in accordance with the requirements of
section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) and the purposes of this
cha ter; and
"(F) submit to the President and the Congress legislative
proposals to remove inconsistencies in laws and practices
involving privacy, confidentiality, and disclosure of
information.
"?3506. Federal agency responsibilities
"(a) Each agency shall be responsible for carrying out its informa-
tion management activities in an efficient, effective, and economical
manner, and for complying with the information policies, principles,,
standards, and guidelines prescribed by the Director.
"(b) The head of each agency shall designate, within three months
after the effective date of this Act, a senior official or, in the case of
military departments, and the Office of the Secretary of Defense,
officials who report directly to such agency head to carry out the
responsibilities of the agency under this chapter. If more than 'one
official. is appointed for the military departments the respective
duties of the officials shall be clearly delineated.
"(c) Each agency shall-
"(1) systematically inventory its major information systems
and periodically review its information management activities,
including planning, budgeting, organizing, directing, training,
promoting, controlling, and other managerial activities involving
the collection, use, and dissemination of information;
"(2) ensure its information systems do not overlap each other
or duplicate the systems of other agencies;
"(3) develop procedures for assessing the paperwork and
reporting burden of proposed legislation affecting such agency;
(4) assign to the official designated under subsection (b) the
responsibility for the conduct of and accountability for any
acquisitions made pursuant to a delegation of authority under
section 111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759); and
"(5) ensure that information collection requests required by
law or to obtain a benefit, and submitted to nine or fewer
persons, contain a statement to inform the person receiving the
request that the request is not subject to the requirements of
section 3507 of this chapter.
"(d) The head of each agency shall establish such procedures as
necessary to ensure the compliance of the agency with the require-
ments of the Federal Information Locator System, including neces-
sary screening and compliance activities.
'13567. Public information collection activities-submission to
Director; approval and' delegation
"(a) An agency shall not conduct or sponsor the collection of
information unless, in advance of the adoption or revision of the
request for collection of such information-
"(1) the agency has taken actions, including consultation with
the Director, to-
94 STAT. 2819
Infra.
Procedures,
establishment.
 roved For Sase 2003/08/13: CIA-RDP84B00890W0300010017-8
511 LAWS OF 96th NG.-=2nd SESS. Dec. 11.
6
-
P.L. 9
"(A) eliminate, through the use of the Federal Information
Locator System and other means, information collections
which seek to, obtain information available from another
source within the Federal Government;
"(B) reduce to the extent practicable and appropriate the
-burden on persons who will provide information to the
agency; and
"(C) formulate plans for tabulating the information in a
manner which will enhance its usefulness to other agencies
and to the public;
"(2) the agency (A) has submitted to the Director the proposed
information collection request, copies of pertinent regulations
and other related materials as the Director may specify, and an
explanation of actions taken to carry out paragraph (1) of this
subsection, and (B) has prepared'a notice to be published in the
Federal Register stating that the agency has made such submis-
sion; and
"(3) the Director has approved the proposed information collec-
tion request, or the period for review of information collection
requests by the Director provided under subsection (b) has
elapsed.
"(b) The Director shall, within sixty days of receipt of a proposed
information collection request, notify the agency involved of the
decision to approve or disapprove the request and shall make such
decisions publicly available. If the Director determines that a request
submitted for review cannot be.reviewed within sixty days, the
Director may, after notice to the agency involved, extend the review
period for an additional thirty days. If the Director does not notify the
agency of an extension, denial, or approval within sixty days (or, if
the Director has extended the review period for an additional thirty
days and does not notify the agency of a denial or approval within the
- time of the extension), a control number shall be assigned without
further delay, the approval may be inferred, and the agency may
collect the information for not more than one year.
."(c) Any disapproval by the Director, in whole or in part, of a
proposed information collection request of an independent regulatory
Ante, p. 2815; agency, or an exercise of authority under section 3504(h) or 3509
post, p. 2821. concerning such an agency, may be voided,- if, the agency by a
majority vote of its members overrides the Director's disapproval or
exercise of authority. The agency shall certify each override to the
Director, shall explain the reasons for exercising the override author-
ity. Where the override concerns an information collection request,
the Director shall without further delay assign a control number to
such request, and such override shall be valid for a period of three
years. .
"(d) The Director may not approve an information collection,
request for a period in excess of three years.
(e) If the Director finds that a senior official of an agency
Ante, p. 2819. designated pursuant to section 3506(b) is sufficiently independent of
program responsibility to evaluate fairly whether proposed informa.
tion collection requests 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
5 USC 500 et seq. chapter 5 of title 5, United States Code, delegate to such official the
authority to approve proposed requests in specific program areas, for
specific purposes, or for all agency purposes. A-delegation by the
Director under this section shall not preclude the Director from
reviewing individual information collection requests if the Director:
94 STAT. 2820
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Dec. .11 PAP P.L. 96-51S
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.
"(f) An agency shall not engage in a collection of information
without obtaining from the Director a control number to be displayed
upon the information collection request.
"(g) If an agency head determines a collection of information (1) is
needed prior to the expiration of the sixty-day period for. the review of
information collection requests established pursuant to subsection
(b), (2) is essential to the mission of the agency, and (3) the agency
cannot reasonably comply with the provisions of this chapter within
such sixty-day period because (A) public harm will result if normal
clearance procedures are followed, or (B) an unanticipated event has
occurred and the use of normal clearance procedures will prevent or
disrupt the collection of information related to the event or will cause
a statutory deadline to be missed, the agency head may request the
Director to authorize such collection of information prior to expira-
tion of such sixty-day period. The Director shall approve or disap-
prove any such authorization request within the time requested by
the agency head and, if approved, shall assign the information
collection request a control number. Any collection of information
conducted pursuant to this subsection may be conducted without
compliance with the provisions of this chapter for a maximum of
ninety days after the date on which the Director received the request
to authorize such collection.
"? 3508. Determination of necessity for information; hearing 44 USC 3508.
"Before approving a proposed information collection request, the
Director shall determine whether the collection of inforrr)ation by an
agency is necessary for the proper performance of the functions of the
agency, including whether the information will 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 unnec-
essary, for any reason, the agency may not engage in the collection of
the information.
3509. Designation of central collection agency 44 USC 3509.
"The Director may designate a central collection agency to obtain
information for two or more agencies if the Director determines, that
the needs of such agencies for information will be adequately served
by a single collection agency, and such sharing of data is not
inconsistent with any 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 it may
not obtain for itself information which it is the duty of the collection
agency to obtain. The Director may modify the designation from time
to time as circumstances require. The authority herein is subject to
the provisions of section 3507(c) of this chapter.
94 STAT. 2821
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P L 11 LAWS OF 96th -2nd S Dec. It
44 USC 3510. "li 3610. Cooperation of agencies in making information available
"(a), The Director may direct an agency to make available ; to
another agency, or an agency may make available to another agency,
information obtained pursuant to an information collection request if
the disclosure is not inconsistent with any applicable law.
"(b) If information obtained by an agency is released by that agency
to another agency, all the provisions of law (including penalties
which 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. 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. .
44 USC 3511. "? 3511. Establishment and operation of Federal Information
Locator System
"(a) There is established in the Office of Information and Regula-
tory Affairs a Federal Information Locator System (hereafter in this
section referred to as the `System') which shall be composed of a
directory of information resources, a data element dictionary, and an
information referral service. The System shall serve as the authorita-
tive register of all information collection requests.
Functions. "(b) In designing and operating the System, the Director shall-
"(1) design and operate an indexing system for the System;
"(2) require the head of each agency to prepare in a form
specified by the Director, and to submit to the Director for
inclusion in the System, a data profile for each information
collection request of such agency;
"(3) compare data profiles for proposed information collection
reques'ts against existing profiles in the System, and make
available the.results of such comparison to-
"(A) agency officials who are planning new information
collection activities; and
. "(B) on request, members of the general public; and
"(4) ensure that no actual data, except descriptive data profiles
necessary to identify duplicative data or to locate information,
are contained within the System.
44 USC 3512. "? 3512. Public protection
. "Notwithstanding any other provision of law, no person shall be
subject to any penalty for, failing to maintain or provide information
to any agency if the information collection request involved was made
after December 31, 1981, and does not display a current control
number assigned by the Director, or fails to state that such request is
not subject to this chapter.
44 USC 3513. "? 3513. Director review of -agency activities; reporting; agency
response
"(a) The Director shall,. with the advice and assistance of the
Administrator of General Services, selectively review, at least once
every three years, the information management activities of each
agency to ascertain their adequacy and efficiency. In evaluating the
adequacy and efficiency of such activities, the Director shall . pay
94 STAT. 2822
 eA4 03/08/13 : CIA-RDPpt g98i
nao. i 1 PAP1 %YggtEPAJ
IW"
particular attention to whether the agency has complied with section
506. Ante. p. 2819.
"(b) The Director shall report the results of the reviews to the Report to
appropriate agency head, the House Committee on Government congressional
Operations, the Senate Committee on Governmental Affairs, the committees.
House and Senate Committees on Appropriations, and the commit-
tees of the Congress having jurisdiction over legislation relating to
the operations of the agency involved.
"(c) Each agency which receives a report pursuant to subsection (b) Written
shall, within sixty days after receipt of such report, prepare and statement,
transmit to the Director, the House Committee on Government submittal
congressional
Operations, the Senate Committee on Governmental Affairs, the committees.
House and Senate Committees on Appropriations, and the commit-
tees of the Congress having jurisdiction over legislation relating to
the operations of the agency, a written statement responding to the
Director's report, including a description of any measures taken to
alleviate or remove any problems or deficiencies identified in such
report.
43514. Responsiveness to Congress 44 USC 3514.
"(a) The Director shall keep the Congress and its committees fully Report to
ajo
_-
____ . ___. , >..>, . ~. kite, Senate and
and shall submit a report thereon to the President of the Senate and Sp aker of the
the Speaker of the House of Representatives annually and at such 1 louse.
other times as the Director determines necessary. The Director shall
include in any such report-
"(1) proposals for legislative action needed to improve Federal
information management, including, with respect to information
collecfion, recommendations to reduce the burden on individ-
uals, small businesses, State and local governments, and other
persons;
"(2) a compilation of legislative impediments to the collection
of information which the Director concludes that an agency
needs but does not have authority to collect;
"(3) an analysis by agency, and by categories the Director finds
useful and practicable, describing the estimated reporting hours
required of persons by information collection requests, including
to the extent practicable the direct budgetary costs of the
agencies and identification of statutes and regulations which
impose the greatest number of reporting hours;
'(4) a summary of accomplishments and planned initiatives to
reduce burdens of Federal information collection requests;
"(5) a tabulation of areas of duplication in agency information
collection requests identified during the preceding year and
efforts made to preclude the collection of duplicate information,
including designations of central collection agencies;
"(6) a list of each instance in which an agency engaged in the
collection of information under the authority of section 3507(g) Ante, p. 2819.
and an identification of each agency involved;
"(7) a list of all violations of provisions of this chapter and
rules, regulations, guidelines, policies, and procedures issued
pursuant to this chapter; and
"(8) with respect to recommendations of the Commission on
Federal Paperwork-
"(A) a description of the specific actions taken on or
planned for each recommendation;
"(B) a target date for implementing each recommendation
accepted but not implemented; and
94 STAT. 2823
 "(C). an explanation of the reasons for any delay in corn.
pleting action on such recommendations.
"(b) The preparation of any report required by this section shall not
increase the collection of information burden on persons outside the
Federal Government.
44 USC 3515. "63515. Administrative powers
"Upon the request of the Director, each agency (other than an
independent regulatory agency) shall, to the extent practicable, make
its services, personnel, and facilities available to the Director for the
performance of functions under this chapter.
44 USC 3516. 3516. Rules and regulations
pproved Fob 12003/08/13: CIA-RL 4@90?69t9WOglnld0 Dec. 11
"The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this chapter.
44 USC 3517. "?3517. Consultation with other' agencies and the public
"In development of information policies, plans, rules, regulation,
procedures, and guidelines and in reviewing information collection
requests, the Director shall provide interested agencies and persons
early and meaningful opportunity to comment.
44 USC 3518. 3518. Effect on existing laws and regulations
"(a) Except as otherwise provided in this chapter, the authority of
tions, an procedures for Federal in ormation activities is subject to
the authority conferred on the Director by this chapter.
"(h) Nothing in this chapter shall be deemed to affect or reduce the
authority of the Secretary of Commerce or the Director of the Office
of Management and Budget pursuant to Reorganizatign Plan No.1 of
5 USC app.; 3 1977 (as amended) and Executive order, relating to telecommunica-
CFR 1978 Comp., ? tions, and information policy, procurement and management of tale.
p. 158. communications and informations systems, spectrum use, and related
apply to the collection of information-
administrative action, or investi atiori involving an agency
"(C) by compulsory process pursuant to the Antitrust Civil
15 USC 1311 Process Act and section 13 of the Federal Trade Commission
noW.
Improvements Act of 1980; or
38
p.
0.
Anw, (D) during the conduct of intelligence activities as defined in
50 USC 401 note. section 4-206 of Executive Order 12036, issued January 24, 1978,
or successor orders, or during the conduct of cryptologic activities
that are communications security activities.
"(2) This chapter applies to the collection of information during the
conduct of general investigations (other than information collected in
an antitrust investigation to the extent provided in subparagraph (C)
of paragraph (1)) undertaken with reference to a category of individ.
uals or entities such as a class of licensees or an entire industry.
"(d) Nothing in this chapter shall be interpreted as increasing or
40 USC 759. decreasing the authority conferred by Public Law 89-306 on the
Administrator of the General Services Administration, the Secretary
94. STAT. 2824
 Dec. II PAPA WW (IF43fi_ eA2(9P3/08/13: CIA-RDPPJB%859 030001
of Commerce, or the Director of the Office of management and
Budget.
"(e) Nothing in this chapter shall be interpreted as ihcreasing 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 author-
ity of any Federal agency to enforce the civil rights laws.
3519. Access to information 44 USC 3519.
"Under the conditions and procedures prescribed in section 313 of
the Budget and Accounting Act of 1921, as amended, the Director and Ante, p. 312.
personnel in the Office of Information and Regulatory Affairs shall
furnish such information as the Comptroller General may require for
the discharge of his responsibilities. For this purpose, the Comptrol-
ler General or representatives thereof shall have access to all books,
documents, papers and records of the Office.
3520. Authorization of appropriations 44 USC 3520.
"There are hereby authorized to be appropriated to carry out the
provisions of this chapter, and for no other purpose, sums=
"(1) not to exceed $8,000,000 for the fiscal year ending Septem-
ber 30,1981;
"(2) not to exceed $8,500,000 for the fiscal year ending Septem-
ber 30,1982; and
"(3) not to exceed $9,000,000 for the fiscal year ending Septern=
ber 30,1983."
(b) The item relating to chapter 35 in the table of chapters for such
title is amended to read as follows:
"35. Coordination of Federal Information Policy.".
(cXl) Section 2904(10) of such title is amended to read as follows: 44 USC 2904.
"(10) report to the appropriate oversight and appropriations
committees of the Congress and to the Director of the Office of
Management and Budget annually and at such other times as the
Administrator deems desirable (A) on the results of activities
conducted pursuant to paragraphs (1) through (9) of this section,
(B) on evaluations of responses by Federal agencies to any
recommendations resulting from inspections or studies con-
ducted under paragraphs (8) and (9) of this section, and (C) to the
extent practicable, estimates of costs to the Federal Government
resulting from the failure of agencies to implement such recom-
mendations."
(2) Section 2905 of such title is amended by redesignating the text 44 USC 2905.
thereof as subsection (a) and by adding at the end of such section the
following new subsection:
"(b) The Administrator of General Services shall assist the Admin. Studies.
istrator for the Office of Information and Regulatory Affairs in
conducting studies and developing standards relating to record reten-
tion requirements imposed on the public and- on State and local
SEc. 3. (a) The President and the Director of the Office of Manage-
ment and Budget shall delegate to the Administrator for the Office of
Information and Regulatory Affairs all functions, authority, and
responsibility under section 103 of the Budget ~ and Accounting
Procedures Act of 1950 (31 U.S.C.18b).
(b) The Director of the Office of Management and Budget shall
delegate to the Administrator for the Office of Information and
94 STAT. 2825
44 USC 3503
note.
 Regulatory Affairs all functions, authority, and responsibility of the
Director under section 552a of title 5, United States Code, under
3 CFR 1978 Executive Order 12046 and Reorganization Plan No. I for telecommu-
Comp., p. 158; 5 nications, and under section 111 of the Federal Property and Admin-
USC app. istrative Services Act of 1949 (40 U.S.C. 759).
20 USC 1221-3. Sac. 4. (a) Section 400A of the General Education Provisions Act is
subject to such procedures shall be .subject to any_ other review,
agency, except as required by this subsection and by the Director of
the Office of Management and Budget under the rules and regula-
tions established pursuant to chapter 35 of title 44, United States
Ante, p. 2812. Code. If a requirement for information is submitted pursuant to this
Act for review, the timetable for the Director's approval established
Ante, p. 2819. in section 3507 of the Paperwork Reduction Act of 1980 shall
commence on the date the request is submitted, and no independent
submission to the Director shall be required under such Act.",
Repeal. (b) Section 201(e) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1211) is repealed.
(c) Section 708(6) of the Public Health Service Act (42 U.S.C. 292h(f))
is repealed. .
(d) Section 5315 of title 5, United States Code, is amended by adding
at the end thereof the following:.
"Administrator, Office of Information and Regulatory . Affairs,
Office of Management and Budget.".
Effective date. SEc. 5. This Act stake effect on April 1, 1981.
44 USC 3501
LEGISLATIVE HISTORY:
pproved Fors, ?003/08/13: CIA-Wg?$MJQ,a00JRfl1g Dec, 11
HOUSE REPORT No. 96-835 (Comm. on Government Operations).
SENATE REPORT No. 96-930 accompanying S. 1411 (Comm. on Govergmentd
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
considered and passed House.
Mar. 24
,
Nov. 19, S. 1411 considered and passed Senate; passage vacated and H.R. 641Q
amended, passed in lieu.
Dec. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 50:
Dec. 11, Presidential statement.
94 STAT. 2826