S. 1411

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300050016-9
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 30
• Document Creation Date: December 20, 2016
• Document Release Date: May 17, 2007
• Sequence Number: 16
• Publication Date: June 26, 1979
• Content Type: OPEN SOURCE

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96TH CONGRESS
18T SESSION
.1411
To improve the economy and efficiency of the Government and the private sector
by improving Federal information management, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 26 (legislative day, JUNE 21), 1979
Mr. CHILES (for himself, Mr. BENTSEN, and Mr. DANFORTH) introduced the
following bill; which was read twice and referred to the Committee on
Governmental Affairs
A SILL
To improve the economy and efficiency of the Government and
the private sector by improving Federal information man-
agement, and for other purposes.
1 Be it-enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Paperwork and Redtape
4 Reduction Act of 1979".
5 FINDINGS AND DECLARATIONS
6 SEC. 2. (a) The Congress hereby finds that unnecessary
7 paperwork and redtape-
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1 (1) are weakening the effectiveness of Federal
2 programs;
3 (2) are costing excessive amounts of money
4 through direct taxes or the hidden taxes of higher pro-
5 duction costs and consumer prices; and
6 (3) are contributing to losses of productivity and
7 increases in inflation.
8 (b) The Congress further finds that problems of unneces-
9 sary paperwork and redtape can be eliminated or substantial-
10 ly ameliorated if the following principles are followed when
11 legislation and regulations are being drafted and. when pro-
12 grams are being planned and evaluated:
13 (1) The full costs and value of Government pro-
14 grams, not only to the Government, but also to indi-
15 viduals and groups outside the Government, must be
16 examined.
17 (2) Alternative ways to run programs must be
18 taken into account so that a conscious choice can be
19 made as to who will bear the costs of the programs
20 and who will receive benefits from them.
21 (3) Individuals, business enterprises, State and
22 local governments, and other organizations and institu-
23 tions involved in Federal programs must be allowed to
24 make suggestions regarding the design and evaluation
25 of those programs so that Government agencies can be
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1 alerted to potential problems of unnecessary costs,
2 losses in effectiveness, and inefficient approaches.
3 (4) The full array of information and paperwork
4 handling technologies which might aid in operating
5 programs must be identified and analyzed, to insure
6 that their application is carefully coordinated within
7 and among agencies and that waste, overlap, and du-
8 plication are avoided. These technologies include, but
9 are not restricted to, computers, communications equip-
10 ment, word processors, office machines, and micro-
11 forms.
12 (c) The Congress hereby determines that new informa-
13 tion policies and management procedures are necessary to
14 eliminate needless paperwork and redtape and make the Fed-
15 eral Government an effective and efficient instrument in serv-
16 ice to the American people. These policies and procedures
17 should be founded on the realization that information is not a
18 free good, but a valuable resource.
19 TITLE I-CENTRAL MANAGEMENT AND
20 CONTROL RESPONSIBILITY
1 OFFICE OF FEDERAL INFORMATION MANAGEMENT POLICY
22 SEC. 101. (a) Title 44 of the United States Code is
23 amended by striking out chapter 35 and inserting in its place
24 the following new chapter:
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1 "CHAPTER 35-COORDINATION OF FEDERAL
2 INFORMATION MANAGEMENT POLICY
"Sec.
"3501. Information for Federal agencies.
"3502. Definitions.
"3503. Office of Federal Information Management Policy.
"3504. Authority and functions of Administrator.
"3505. Designation of central collection agency.
"3506. Independent collection by an agency prohibited.
"3507. Determination of necessity for information; hearing.
"3508. Cooperation of agencies in making information available.
"3509. Information collection activities-submission to Administrator; approval.
"3510. Time limit for action by Administrator.
"3511. Rules and regulations.
"3512. Consultation with other agencies.
"3513. Administrative powers.
"3514. Responsiveness to Congress.
"3515. Effect on existing laws.
"3516. Effect on existing regulations.
"3517. Access to information.
"3518. Unlawful disclosure of information; penalties; release of information to other
agencies.
"3519. Penalty for failure to furnish information.
3 "? 3501. Information for Federal agencies
4 "Information needed by Federal agencies shall be ob-
5 tained with a minimum burden upon business enterprises, es-
6 pecially small business enterprises, State and local govern-
7 ments, and other persons required to furnish the information,
8 and at a minimum cost to the Government. Unnecessary du-
9 plication of efforts in obtaining information through the use of
10 reports, questionnaires, and other methods shall be elimi-
11 nated as rapidly as practicable. Information collected and
42- tabulated by a Federal--agency shall, as far as is expedient, be -
13 tabulated in a manner to maximize the usefulness of the in-
14 formation to other Federal agencies and the public.
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1 "?3502. Definitions
2 "As used in this chapter, the term-
3 "(1) `Administrator' means the Administrator for
4 Federal Information Management Policy in the Office
of Management and Budget;
"(2) `Federal agency' means any executive de-
.7 partment, military department, Government corpora-
.8 tion, Government controlled corporation, or other es-
9 tablishment in the executive branch of the Government
10 (including the Executive Office of the President), or
11 any independent regulatory agency; but does not in-
12 elude the General Accounting Office or the govern-
13 ments of the District of Columbia and of the territories
14 and possessions of the United States, and their various
15.. subdivisions;
16 . . "(3) `independent regulatory agency' means the.
17 Board of Governors of the Federal Reserve System,
18 the Civil Aeronautics Board, the Commodity Futures
19 Trading Commission, the Consumer Product Safety
20 Commission, the Federal Communications Commission,
21 the Federal Deposit Insurance Corporation, the Fed-
22 eral Election Commission, the Federal Energy Regula-
23 tory Commission, the Federal Home Loan Bank
24 Board, the Federal Maritime Commission, the Federal
25 Trade Commission, the Interstate Commerce. Commis-
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1 sion, the Mine Enforcement Safety and Health Review
2 Commission, the National Labor Relations Board, the
3 Nuclear Regulatory Commission, the Occupational
4 Safety and Health Review Commission, the Postal
5 Rate Commission, and the Securities and Exchange
6 Commission;
7 "(4) `person' means an individual, partnership, as-
8 sociation, corporation, business trust, or legal repre-
9 sentative, an organized group of persons, a State, terri-
10 torial, or local government or branch thereof, or a po-
ll litical subdivision of a State, territory, or local govern-
12 ment or a branch of a political subdivision;
13 "(5) `collection of information' means the obtain-
14 ing or soliciting of facts or opinions for any purpose by
15 a Federal agency by the use of written report forms,
16 application forms, schedules, questionnaires, reporting
17 or recordkeeping requirements, or other similar :meth-
18 ods calling for either-
19 "(A) answers to identical questions posed to
20 - or identical reporting or recordkeeping require-
21 ments imposed on ten or more persons other than-
22 agencies, instrumentalities,' or employees of the
23 United States; or
24- "(B) answers to questions posed to agencies,
25 iristrumentalities~ - or employees of the United
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1 States and which are to be used for statistical
2 compilations of general public interest;
3 "(6) `information collection request' means a writ-
4 ten report form, application form, schedule, question-
5 naire, or reporting or recordkeeping requirement for
6 the collection of information;
7 "(7) . `burden' means. the time, effort, and financial
8 resources expended by persons to provide information
9 collected by a Federal agency; and
10 "(8) `practical utility' means the ability of an
11 agency to use information it receives, particularly the
12 capability to process such information in a timely and
13 useful fashion.
14 "? 3503. Office_ of Federal Information Management
.15 Policy
16 ".(a) There-.is established in the Office of Management
17 and Budget. an office to. be known as the Office of Federal
18 Information Management Policy (hereinafter in this. chapter
19 referred to as the `Office').:
20 "(b) There shall be at the head of the Office an Adminis-
21 trator for Federal Information Management Policy (herein.-
22 after in this chapter referred to as the `Administrator'), who
23 shall be appointed by the. President, by and with the advice
24 and consent of the Senate.
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1 "? 3504. Authority and functions of Administrator
2 "(a) The Administrator shall have Government-wide re-
3 sponsibility for setting policies and coordinating procedures
4 governing the planning, budgeting, management, and control
5 of Federal information management activities and of the
6 measurement of burdens imposed by such activities on busi-
7 ness enterprises, State and local governments, and other per-
8 sons outside the Federal Government. Each agency shall
9 have responsibility to account for and minimize the external
10 burdens imposed by programs for which it is responsible, op-
11 erating within the guidance provided under subsections (b)
12 through (g) of this section.
13 "(b) The Administrator shall publish annually, with an
14 analysis by agency and by such other categories as he may
15 deem useful, a report describing the compliance burden of
16 public-use. reports, recordkeeping, and other information re-
17 quirements imposed by agencies on persons outside the Fed-
18 eral Government. The report shall describe the burdens of all
19 such requirements on such persons, as well as the costs to
20 agencies.
21 "(c)(1) The Administrator shall review, at least once
22 every. three::years,: by means of reports and selective inspec-
23_- tion's;.,the.information management activities, information col-
24 lection and clearance activities,-:.and.:. the paperwork :recliction
25 activities of each agency to ascertain their adequacy. Upon
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1 completion of such review, which shall include the accom-
2 plishments made by the agency since the preceding review
3 (or, in the case of the first review of an agency's activities,
4 the accomplishments of the preceding three years), the Ad-
5 ministrator shall-
6 "(A) evaluate the adequacy and efficiency of the
7 activities; and
8 "(B) set target goals for further reductions of the
9 numbers and burdens of Federal reports and other rec-
10 ordkeeping requirements imposed on persons outside
11 the Federal Government.
12 "(2) In evaluating the adequacy and efficiency of the
13 information management activities, information collection and
14 clearance activities, and paperwork reduction activities of
15 each agency pursuant to paragraph (1)(A), the Administrator
16 shall pay particular attention to whether-
17 "(A) a senior official of the agency has been des-
18 ignated to act as the coordinator of such activities
19 within the agency;
20 "(B) the agency has systematically inventoried
21 and periodically reviewed its information resources;
22 "(C) the agency has integrally planned and man-
23 aged its information resource needs in conjunction with
24 the agency's other resource needs; and
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1 "(D) the agency has taken steps to ensure that its
2 information systems do not overlap each other or dupli-
3 cate those of other Federal agencies.
4 "(3) In setting goals for further reductions pursuant to
5 paragraph (1)(B), the Administrator shall take into considera-
6 tion the time, effort, and financial costs of reviewing data and
7 putting it into usable form that such reductions would impose
8 on Federal agencies. He shall not set any goals which would,
9 in his opinion, unreasonably increase those costs.
10 "(d) The Administrator shall conduct advance planning
11 of Federal information collection, storage, and use activities,
12 provide technical assistance to agencies which are developing
13 such programs, and promote the use of standards and guide-
14 lines for data presentation.
15 "(e) The Administrator shall develop and recommend to
16 the President and the Congress policies and standards on in-
17 formation disclosure, confidentiality, and safeguarding the se-
18 curity of information collected or maintained by Federal
19 agencies, or in conjunction with Federal programs. The Ad-
20 ministrator shall provide agencies with advice and guidance
21 about information security, monitor compliance with privacy
22 aspects of information management laws, and issue such
23 standards and regulations. with regard to privacy and confi-
24 dentiality of information as he may deem necessary.
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? 1 "(f) The Administrator shall conduct a research program
0
2 to develop improved information and paperwork cost ac-
3 counting and reduction techniques.
4 "(g) The Administrator shall conduct studies and pro-
5 mulgate standards with respect to records retention require-
6 ments imposed on the public by Federal agencies.
7 "(h) Except as otherwise provided by law, no duties,
8 functions, or responsibilities, other than those expressly as-
9 signed by this chapter,, shall be assigned, delegated, or trans-
10 ferred to the Administrator.
11 "?3505. Designation of central collection agency
12 "When, after investigation, the Administrator is of the
13 opinion that the needs of two or more Federal agencies for
14 information from business enterprises and other persons will
15 be adequately served by a single collecting agency, he shall
16 fix a time and place fora hearing at which the agencies con-
17 cerned and other interested persons may have an opportunity
18 to present their views. After the hearing, the Administrator
19 may issue an order designating a collecting agency to obtain
20. information for two or more of the agencies concerned, and
21 prescribing (with reference to the collection of information)
2.2 the duties and functions of the collecting agency so designat--
23_ ed and the Federal agencies for which it is to act as agent, so
24 long as. such sharing of data does not conflict with section
25. 3518 of this chapter, section 552a of title 5 (commonly
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1 known as the Privacy Act of 1974), or any other law. The
2 Administrator may modify the order from time to time as
3 circumstances require, but modification may not be made
4 except after investigation and hearing. If, during an investi-
5 gation or hearing, the Administrator concludes that a Federal
6 agency needs certain information from business enterprises
7 and other persons but does not have authority to collect that
8 information, he shall make a report to the President of the
9 Senate and the Speaker of the House of Representatives de-
10 scribing legislative impediments to such information collec-
11 tion and citing reasons for eliminating them.
12 43506. Independent collection by an agency prohibited
13 "While an order or modified order issued under section
14 3505 is in effect, a Federal agency covered by it may not
15 obtain for itself information which it is the duty of the collect-
16 ing agency designated by the order to obtain.
17 43507. Determination of necessity for information;
18 hearing
19 "Upon the request of a party having a substantial inter-
20 est, or upon his own motion, the Administrator may deter-
21 mine- whether or not the collection of information by a Feder-
22 al agency is necessary for the proper performance of the
23 functions of the agency and has practical utility for the
24 agency. Before making a determination the Administrator
25 may give the agency and other interested persons an oppor-
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1 tunity to be heard or to submit statements in writing. To the
2 extent, if any, that the Administrator determines the collec-
3 tion of information by the agency is unnecessary, for any
4 reason, the agency may not engage in the collection of the
5 information.
6 "?3508. Cooperation of agencies in making information
7 available
8 "For the purposes of this chapter, the Administrator
9 may order a Federal agency to make available to another
10 Federal agency information obtained from any person after
11 December 24, 1942, and all agencies are directed to cooper-
12 ate to the fullest practicable extent at all times in sharing
13 information with one another. No order issued under this au-
14 thority may be inconsistent with section 3518 of this title,
15 section 552a of title 5, or any other law.
16 "? 3509. Information collection activities-submission to
17 Administrator; approval
18 "(a) A Federal agency, including any individual member
19 of an independent regulatory agency, shall not conduct or
20 sponsor the collection of information unless, in advance of
21 adoption or revision of the request for collection of such infor-
22 mation-
23 "(1) the agency has taken appropriate steps, in-
24 eluding consultation with the Federal Information Lo-
25 cator System, to eliminate requirements which seek to
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.1 obtain information available from another source within
2 the Federal Government, to minimize the compliance
3 burden on respondents, and to formulate plans for tab-
4 ulating the information in a manner which will maxi-
5 mite its usefulness to other Federal agencies and to
6 the public;
7 "(2) the agency has submitted to the Administra-
8 tor the, proposed information collection request, copies
9. of pertinent regulations and of other related materials
10 as the Administrator may specify, and an explanation
11 of measures taken to satisfy paragraph (1) of this sec-
12 tion; and
13 . "(3) the Administrator has approved the proposed
14 information collection request, except that any disap-
15 proval, in whole or in part, of a proposed requirement
16 from an independent regulatory agency may be voided
17 if the agency, by a two-thirds vote of its members,
18 . votes to override the Administrator's decision.
19 . "(b) The Administrator shall not approve a proposed in-
20formation collection request for a period of time greater than
21 two years unless he (or, prior to the effective date of this Act,
22 the Director of the Office of Management and Budget) had
23 previously approved an. identical or similar request, in which
24 case he shall not approve the proposed request for a period of
25 time greater than five years.
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? 1 "? 3510. Time limit for action by Administrator.
2 "When the Administrator receives a proposed informa-
3 tion collection request from a Federal agency pursuant to
4 section 3509(a), he shall within sixty days of receipt of the
5 proposal notify the agency of his decision to approve or dis-
6 approve the proposed request. If the Administrator deter-
7 mines that a request submitted for review is too controversial
8 or complicated to review within sixty days, he may, after
9 notice to the agency, extend the review period for an addi-
10 tional thirty days. If the Administrator does not notify the
11 agency of an extension, denial, or approval within sixty days
12 (or, if he has extended the review period for an additional
13 thirty days and does not notify the agency of a denial or
14 approval within the time of the extension), his approval may
15 be implied and the agency may collect the information for the
16 maximum period of time for which the Administrator might
17 have approved the request pursuant to section 3509(b).
18 "? 3511. Rules and regulations
19 "(a) The Administrator shall promulgate rules and regu-
20 lations necessary to exercise the authority -provided by this
21 chapter.
22 "(b) No Federal agency shall be exempt from the re-
23 quirements of this chapter. However, the Administrator may
24 delegate his power to approve proposed information collec-
25 tion requests in specific program areas, for specific purposes,
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1 or for all agency purposes, to any agency, providing that he
2 finds that the agency has sufficient capability, independent
3 from any program. responsibility, to evaluate whether the
4 proposed requests should be approved. He shall retain au-
5 thority to revoke such delegations of power. In acting for the
6 Administrator, any agency to which approval powers have
7 been delegated shall comply fully with the rules and regula-
8. tions promulgated by the Administrator.
9 "? 3512. Consultation with other agencies
10 "In the development of policies, rules, regulations;, pro-
11 cedures, and forms to be prescribed by him, the Administra-
12 tor shall consult with persons outside the Federal Govern-
13 ment and the agencies affected, including the Small Business
14 Administration and other agencies promulgating policies,
15 rules, regulations, procedures, and forms affecting public-use
16 reports and record-keeping. To the extent feasible, the Ad-
17 ministrator may designate an agency or agencies, establish
18 interagency committees, or otherwise use agency representa-
19 tives or personnel, to solicit the views and the agreement, so
20 far as possible, of persons outside the Federal Government
21 and agencies affected on significant changes in policies, rules,
22 regulations, procedures, and forms.
23 'T3513. Administrative powers
24 . "Upon the request of the Administrator, each agency is
25 directed to-
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? 1 "(1) make its services, personnel, and facilities
2 available to the Office to the greatest extent practica-
3 ble for the performance of his functions; and
4 "(2) except when prohibited by law, furnish to the
5 Administrator and give him access to all information
6 and records in its possession which the Administrator
7 may determine to be necessary for the performance of
8 the functions of the Office.
9 '13514. Responsiveness to Congress
10 "(a) The Administrator shall keep the Congress and its
11 duly authorized committees fully and currently informed of
12 the major activities of the Office, and shall submit a report
13 thereon to the President of the Senate and the Speaker of the
14 House of Representatives annually and at such other times
15 as may be necessary for this purpose, together with appropri-
16 ate legislative recommendations. The Administrator shall in-
17 clude in his reports notification of all violations of provisions
18 of this chapter and rules, regulations, goals, and orders
19 issued by him pursuant to them.
20 "(b) The preparation of these reports shall not increase
21 the burden on persons outside the Federal Government of
22 responding to mandatory requests for information.
23 '13515. Effect on existing laws
24 "The authority of an agency under any other law to
? 25 prescribe policies, rules, regulations, procedures, and forms
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1 for public-use reports, recordkeeping requirements, and other
2 Government information collection requests is subject to the
3 authority conferred on the Administrator by this chapter.
4 "? 3516. Effect on existing regulations
5 "Policies, rules, regulations, procedures, or forms re-
6 garding public-use reports, recordkeeping, and other informa-
7 tion collection requests in effect as of the date of enactment
8 of this chapter shall continue in effect, as modified from time
9 to time, until repealed, amended, or superseded by policies,
10 rules, regulations, procedures, or forms promulgated by the
11 Administrator.
12 "? 3517. Access to information
13 "(a) The Administrator and personnel in his office shall
14 furnish such information as the Comptroller General may re-
15 quire for the discharge of his responsibilities. For this pur-
16 pose, the Comptroller General or his representatives shall
17 have access to all books, documents, papers, and records of
18 the Office.
19 "(b) The Administrator shall, by regulation, require that
20 formal meetings of the Office, as designated by him, for the
21 purpose of establishing Federal information management
22 policies and regulations shall be open to the public, and that
23 public notice of each such meeting shall be given not less
24 than ten days prior thereto.
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? 1 "? 3518. Unlawful disclosure of information; penalties; re-
2 lease of information to other agencies
3 "(a) If information obtained in confidence by a Federal
4 agency is released by that agency to another Federal agency,
5 all the provisions of law including penalties which relate to
6 the unlawful disclosure of information apply to the officers
7 and employees of the agency to which information is released
8 to the same extent and in the same manner as the provisions
9 apply to the officers and employees of the agency which
10 originally obtained the information. The officers and employ-
11 ees of the agency to which the information is released, in
12 addition, shall be subject to the same provisions of law, in-
13 eluding penalties, relating to the unlawful disclosure of infor-
14 mation as if the information had been collected directly by
15 that agency.
16 "(b) Information obtained by a Federal agency from a
17 person under this chapter may be released to another Federal
18 agency only-
19 "(1) in the form of statistical totals or summaries;
20 "(2) if the information is information which the
21 agency could be compelled to disclose under section
22 552 of title 5 and would not be barred from disclosing
23 under section 552a of such title;
24 "(3) when the persons supplying the information
? 25 consent to the release of it to a second agency by the
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1 agency to which the information was originally sup-
2 plied;
3 "(4) when the Federal agency to which another
4 Federal agency releases the information has authority
5 to collect the information itself and the authority is
6 supported by legal provision for civil or criminal penal-
7 ties against persons failing to supply the information;
8 or
9 "(5) when the disclosure would be-
10 "(A) restricted to a list containing names,
11 addresses, and any related information which is
12 necessary to the collection or compilation of
13 survey data (provided that such list is not derived
14 from the decennial or mid-decade census of popu-
15 lation and housing);
16 "(B) for the purpose of developing or re;port-
17 ing aggregate or anonymous information not to be
18 used in any way in which the identity of the re-
19 spondent may be revealed without his permission;
20 "(C) subject to a written agreement by the
21 receiving agency that prohibits any further use or
22 redisclosure of the list involved; and
23 "(D) pursuant to a written order by the Ad-
24 ministrator.
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? 1 "? 3519. Penalty for failure to furnish information
2 "(a) Notwithstanding any other provision of law, no
3 person shall be subject to any penalty whatsoever for failing
4 to provide information to any Federal agency unless the col-
5 lection of the information has been approved by the Adminis-
6 trator under the provisions of this chapter.
7 "(b) A person failing to furnish information required by
8 an agency shall be subject to penalties specifically prescribed
9 by law if the collection of the information has been approved
10 by the Administrator under the provisions of this chapter,
11 and no other penalty may be imposed either by way of fine or
12 imprisonment or by the withdrawal or denial of a right, privi-
13 lege, priority, allotment, or immunity except when the right,
14 privilege, priority, allotment, or immunity is legally condi-
15 tioned on facts which would be revealed by the information
16 requested.".
17 (b) The table of chapters of title 44, United States Code,
18 is amended by striking out
"35. Coordination of Federal Reporting Services."
19 and inserting in its place
"35. Coordination of Federal Information Management Policy.".
20 DELEGATION OF RELATED FUNCTIONS
21 SEC. 102. (a) The President and the Director of the
22 Office of Management and Budget shall delegate to the Ad-
40 23 ministrator for Federal Information Management Policy all
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1 their functions, authority, and responsibility under section
2 103 of the Budget and Accounting Procedures Act of 1950
3 (31 U.S.C. 18b).
4 (b) The Director of the Office of Management and
5 Budget shall delegate to the Administrator for Federal Infor-
6 mation Management Policy all functions, authority, and re-
7 sponsibility of the Director under the Privacy Act of 1974.
8 RELATED RESPONSIBILITIES OF OTHER OFFICIALS
9 SEC. 103. (a) Section 708 of the Public Health Service
10 Act (42 U.S.C. 292h) is amended by striking out subsection
11 (0.
12 (b) Section 400A of the General Education Provisions
13 Act (20 U.S.C. 1221-3) is repealed.
14 (c) Section 201 of the Surface Mining Control and Rec-
15 lamation Act of 1977 (30 U.S.C. 1211) is amended by strik-
16 ing out subsection (e).
17 (d) The Office of Personnel Management, after consulta-
18 tion with the Administrator for Federal Information Manage-
19 ment Policy, shall coordinate a Government-wide training
20 program to improve the skills of information management
21 specialists within the Government.
22 ANNUAL PAY
23 SEC. 104. Section 5315 of title 5, United States Code,
24- is amended by inserting immediately after paragraph '(49) the
25 following new paragraph:
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? 1 "(50) Administrator for Federal Information Man-
2 agement Policy.".
3 TITLE II-ELIMINATION OF UNNECESSARY
4 DUPLICATION
5 FEDERAL INFORMATION LOCATOR SYSTEM
6 SEC. 201. (a) Title 44 of the United States Code is
7 amended by adding after chapter 35 the following new
8 chapter:
9 "CHAPTER 36-FEDERAL INFORMATION LOCATOR
10 SYSTEM
"Sec.
"3601. Definitions.
"3602. Establishment of Federal Information Locator System.
"3603. Duties of Administrator for Federal Information Management Policy.
"3604. Privacy and confidentiality controls.
11 "? 3601. Definitions
12 "For purposes of this chapter, the term-
13 "(1) `data element' means a significant word or
14 other piece of information;
15 "(2) `data element dictionary' means a thesaurus
16 of standard and uniform definitions for commonly used
17 names, terms, abbreviations, and symbols used in
18 public-use reports, recordkeeping requirements, inter-
19 agency reports, and intra-agency reports;
20 "(3) `data profile' means a synopsis of the ques-
21 tions contained in a public-use, interagency, or intra-
22 agency report, or of the information maintained pursu-
23 ant to a recordkeeping requirement, and also such re-
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1 lated items as the official name of the report or re-
2 quirement, its location, the responsible Federal agency
3 which established and administers it, the authorizing
4 statute, a description of its contents, and other infor-
5 mation necessary to identify, access, and use the data
6 contained in it;
7 "(4) `duplication' means redundancy in data and
8 information collected by Federal agencies, whether
9 through public-use, interagency, or intra-agency re-
10 ports, or through recordkeeping requirements, includ-
11 ing, but not limited to-
12 "(A) identical duplication, involving two or
13 more data elements which have the same defini-
14 tion or meaning;
15 "(B) similar duplication, involving data ele-
16 ments related to the same specific subject but
17 with minor differences in definition; and
18 "(C) generic duplication, involving reports
19 requesting groups of data that relate to the same
20 subject;
21 "(5) `Federal agency' means any executive de-
22 partment, military department, Government corpora-
23 tion, Government controlled corporation, or other es-
24 tablishment in the executive branch of the Government
25 (including the Executive Office of the President), or
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1 any independent regulatory agency; but does not in-
2 clude the General Accounting Office or the govern-
3 ments of the District of Columbia and of the territories
4 and possessions of the United States, and their various
5 subdivisions;
6 "(6) `information locator' means a catalog of
7 public-use, interagency, and intra-agency reports, and
8 recordkeeping requirements, containing a data profile
9 for each report or requirement;
10 "(7) `information referral service' means the com-
11 munications function that permits officials and citizens
12 access to the Federal Information Locator System;
13 "(8) `interagency report' means a data collection
14 instrument used by one Federal agency to collect infor-
15 mation from any other Federal agency or agencies;
16 "(9) `intra-agency report' means a document pre-
17 pared by a Federal agency from data collected through
18 public-use reports, recordkeeping requirements, and
19 interagency reports and issued for use within the pre-
20 paring agency;
21 "(10) `public-use report' means a data-collection
22 . .instrument used by Federal: agencies to, collect informa-.
23 . tion from .,ten or more-- persons outside- the Federal
24 Government; and
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"(11) `recordkeeping requirement' means a re-
2 quirement imposed by a Federal agency on ten or more
'3 persons outside the Federal Government to maintain
4 records concerning an identical data element.
5 " 3602. Establishment of Federal Information Locator
6 System
7 "(a) There is hereby established in the Office of Federal
8 Information Management Policy a Federal Information Loca-
9 tor System composed of an information locator, a data ele-
10 ment dictionary, and an information referral service.
11 "(b) The Federal Information Locator System shall
12 serve as the authoritative register of all public-use reports,
13 recordkeeping requirements, and interagency and intra-
14 agency reports.
15 = "(c) The data profiles describing-`the general contents of
16, such reports and requirements shall be used to-
17 "(1) identify duplication in existing or new report-
18 ing and recordkeeping requirements;
19 "(2) locate existing information that may meet the
20 needs of a Federal agency and thereby promote shar-
21 -ing of such information to avoid duplication;
22 "(3) provide a central. coordination mechanism for
23 the Federal Government's requirements for informa-
24 tion;
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1 "(4) maximize the use of information by identify-
2 ing available information which will be of utility to
3 Congress and the general public; and
4 "(5) monitor the total reporting and recordkeeping
5 burdens imposed on the public by the Federal Govern-
6 meat so that effective action can be applied to reduce
7 such burdens.
8 "? 3603. Duties of Administrator for Federal Information
9 Management Policy
10 "The Administrator for Federal Information Manage-
11 ment Policy (hereinafter in this chapter referred to as the
12 `Administrator') shall-
40
13 (1) design and operate the Federal Information
14 Locator System;
15 "(2) design and operate an indexing system for
16 such System;
17 "(3) promulgate rules requiring the head of each
18 Federal agency to prepare in a form specified by the
19 Administrator, and to insert into the Federal Informa-
20 tion Locator System, a data profile for each public-use
21 report, recordkeeping requirement, interagency report,
22
and intra-agency report;......
23 "(4) register all, data elements in.'public-use re,;.==
24 ports, reeordkeeping requirements,. interagency reports,'
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1 and intra-agency reports in the Federal Information
2 Locator System; and
3 "(5) match data profiles for proposed public-use
4. reports, recordkeeping requirements,. interagency re-
6: ports, and intra-agency reports against existing profiles
6 in . such System, and make available the results of such
7 matching to-
8 "(A) Federal agency officials who are plan-
9 ping new information collection activities;
10
"(B) relevant Federal agency reports clear-
11 ance officers; and
12 "(C) on request, members of the general
13 public.
14 "? 3604. Privacy and confidentiality controls
15 "(a) The Administrator shall insure that no actual data,
16 except descriptive data profiles necessary to identify duplica-
17 tive data or to locate information, are contained within the
18 Locator System. Any data profile which identifies a data ele-
19 ment of a personal or proprietary nature within the meaning
20 of the section 552a of title 5 shall be appropriately annotated
21 through a coding system that-
22 "(1) identifies the fact that the actual data, wher-
23 ever located, are personal or proprietary and that
24 access to and use of such data is therefore restricted in
0
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? 1 accordance with safeguards prescribed by section 552a
2 of title 5, or other provisions of law; and
3 "(2) classifies the data elements with respect to
4 the degree of sensitivity of the data, user restrictions,
5 access restrictions, safeguard provisions, and such
6 other identifying information as may be helpful to users
7 of the System.
8 "(b) The Administrator shall identify, by means of ap-
9 propriate classification systems and coding controls, data
10 which have been determined to be subject to the provisions of
11 section 552 of title 5, including whether such data may fall
12 within a category listed in subsection (b) of such section.
13 "(c) The head of each Federal agency shall establish
14 such procedures as he may deem necessary to insure the
15 compliance of his agency with the requirements of this
16 section, including necessary screening and compliance
17 activities.".
18 (b) The table of chapters of title 44, United States Code,
19 is amended by adding after the item relating to chapter 35
20 the following new item:
"36. Federal Information Locator System."
?
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1 TITLE III-MISCELLANEOUS PROVISIONS
2 AUTHORIZATION OF APPROPRIATIONS
3 SEC. 301. There are hereby authorized to be ap:propri-
4 ated to carry out the provisions of this Act, and for no other
5 purpose, such sums as may be necessary.
6 EFFECTIVE DATE
7 SEC. 302. This Act shall take effect on the sixtieth day
8 following the date of its enactment.
0
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