Public Law 104-13 Paperwork Reduction Act

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 163

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Paperwork Reduction Act of
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.
‘‘3502.
‘‘3503.
‘‘3504.
‘‘3505.
‘‘3506.
‘‘3507.
‘‘3508.
‘‘3509.
‘‘3510.
‘‘3511.
‘‘3512.
‘‘3513.
‘‘3514.
‘‘3515.
‘‘3516.
‘‘3517.
‘‘3518.
‘‘3519.
‘‘3520.

Purposes.
Definitions.
Office of Information and Regulatory Affairs.
Authority and functions of Director.
Assignment of tasks and deadlines.
Federal agency responsibilities.
Public information collection activities; submission to Director; approval and
delegation.
Determination of necessity for information; hearing.
Designation of central collection agency.
Cooperation of agencies in making information available.
Establishment and operation of Government Information Locator Service.
Public protection.
Director review of agency activities; reporting; agency response.
Responsiveness to Congress.
Administrative powers.
Rules and regulations.
Consultation with other agencies and the public.
Effect on existing laws and regulations.
Access to information.
Authorization of appropriations.

‘‘§ 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-

May 22, 1995
[S. 244]

Paperwork
Reduction Act of
1995.
Information
resources
management.
44 USC 101 note.

109 STAT. 164

PUBLIC LAW 104–13—MAY 22, 1995
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.

‘‘§ 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;

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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;

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PUBLIC LAW 104–13—MAY 22, 1995
‘‘(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.

Establishment.

‘‘§ 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.
‘‘(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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109 STAT. 167

‘‘§ 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 Federal Procurement Policy, with particular emphasis on
applying information technology to improve the efficiency and
effectiveness of Federal procurement, acquisition and payment,
and to reduce information collection burdens on the public;
‘‘(3) minimize the Federal information collection burden,
with particular emphasis on those individuals and entities most
adversely affected;

109 STAT. 168

Establishment.

PUBLIC LAW 104–13—MAY 22, 1995

‘‘(4) maximize the practical utility of and public benefit
from information collected by or for the Federal Government;
and
‘‘(5) establish and oversee standards and guidelines by
which agencies are to estimate the burden to comply with
a proposed collection of information.
‘‘(d) With respect to information dissemination, the Director
shall develop and oversee the implementation of policies, principles,
standards, and guidelines to—
‘‘(1) apply to Federal agency dissemination of public
information, regardless of the form or format in which such
information is disseminated; and
‘‘(2) promote public access to public information and fulfill
the purposes of this chapter, including through the effective
use of information technology.
‘‘(e) With respect to statistical policy and coordination, the
Director shall—
‘‘(1) coordinate the activities of the Federal statistical system to ensure—
‘‘(A) the efficiency and effectiveness of the system; and
‘‘(B) the integrity, objectivity, impartiality, utility, and
confidentiality of information collected for statistical purposes;
‘‘(2) ensure that budget proposals of agencies are consistent
with system-wide priorities for maintaining and improving the
quality of Federal statistics and prepare an annual report on
statistical program funding;
‘‘(3) develop and oversee the implementation of
Governmentwide policies, principles, standards, and guidelines
concerning—
‘‘(A) statistical collection procedures and methods;
‘‘(B) statistical data classification;
‘‘(C) statistical information presentation and dissemination;
‘‘(D) timely release of statistical data; and
‘‘(E) such statistical data sources as may be required
for the administration of Federal programs;
‘‘(4) evaluate statistical program performance and agency
compliance with Governmentwide policies, principles, standards
and guidelines;
‘‘(5) promote the sharing of information collected for statistical purposes consistent with privacy rights and confidentiality
pledges;
‘‘(6) coordinate the participation of the United States in
international statistical activities, including the development
of comparable statistics;
‘‘(7) appoint a chief statistician who is a trained and experienced professional statistician to carry out the functions
described under this subsection;
‘‘(8) establish an Interagency Council on Statistical Policy
to advise and assist the Director in carrying out the functions
under this subsection that shall—
‘‘(A) be headed by the chief statistician; and
‘‘(B) consist of—
‘‘(i) the heads of the major statistical programs;
and

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109 STAT. 169

‘‘(ii) representatives of other statistical agencies
under rotating membership; and
‘‘(9) provide opportunities for training in statistical policy
functions to employees of the Federal Government under
which—
‘‘(A) each trainee shall be selected at the discretion
of the Director based on agency requests and shall serve
under the chief statistician for at least 6 months and not
more than 1 year; and
‘‘(B) all costs of the training shall be paid by the
agency requesting training.
‘‘(f) With respect to records management, the Director shall—
‘‘(1) provide advice and assistance to the Archivist of the
United States and the Administrator of General Services to
promote coordination in the administration of chapters 29, 31,
and 33 of this title with the information resources management
policies, principles, standards, and guidelines established under
this chapter;
‘‘(2) review compliance by agencies with—
‘‘(A) the requirements of chapters 29, 31, and 33 of
this title; and
‘‘(B) regulations promulgated by the Archivist of the
United States and the Administrator of General Services;
and
‘‘(3) oversee the application of records management policies,
principles, standards, and guidelines, including requirements
for archiving information maintained in electronic format, in
the planning and design of information systems.
‘‘(g) With respect to privacy and security, the Director shall—
‘‘(1) develop and oversee the implementation of policies,
principles, standards, and guidelines on privacy, confidentiality,
security, disclosure and sharing of information collected or
maintained by or for agencies;
‘‘(2) oversee and coordinate compliance with sections 552
and 552a of title 5, the Computer Security Act of 1987 (40
U.S.C. 759 note), and related information management laws;
and
‘‘(3) require Federal agencies, consistent with the Computer
Security Act of 1987 (40 U.S.C. 759 note), to identify and
afford security protections commensurate with the risk and
magnitude of the harm resulting from the loss, misuse, or
unauthorized access to or modification of information collected
or maintained by or on behalf of an agency.
‘‘(h) With respect to Federal information technology, the Director shall—
‘‘(1) in consultation with the Director of the National
Institute of Standards and Technology and the Administrator
of General Services—
‘‘(A) develop and oversee the implementation of policies,
principles, standards, and guidelines for information technology functions and activities of the Federal Government,
including periodic evaluations of major information systems; and
‘‘(B) oversee the development and implementation of
standards under section 111(d) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 759(d));

Records.

Regulations.

109 STAT. 170

PUBLIC LAW 104–13—MAY 22, 1995
‘‘(2) monitor the effectiveness of, and compliance with,
directives issued under sections 110 and 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
757 and 759);
‘‘(3) coordinate the development and review by the Office
of Information and Regulatory Affairs of policy associated with
Federal procurement and acquisition of information technology
with the Office of Federal Procurement Policy;
‘‘(4) ensure, through the review of agency budget proposals,
information resources management plans and other means—
‘‘(A) agency integration of information resources
management plans, program plans and budgets for acquisition and use of information technology; and
‘‘(B) the efficiency and effectiveness of inter-agency
information technology initiatives to improve agency
performance and the accomplishment of agency missions;
and
‘‘(5) promote the use of information technology by the Federal Government to improve the productivity, efficiency, and
effectiveness of Federal programs, including through dissemination of public information and the reduction of information
collection burdens on the public.

‘‘§ 3505. Assignment of tasks and deadlines
‘‘(a) In carrying out the functions under this chapter, the Director shall—
‘‘(1) in consultation with agency heads, set an annual
Governmentwide goal for the reduction of information collection
burdens by at least 10 percent during each of fiscal years
1996 and 1997 and 5 percent during each of fiscal years 1998,
1999, 2000, and 2001, and set annual agency goals to—
‘‘(A) reduce information collection burdens imposed on
the public that—
‘‘(i) represent the maximum practicable opportunity in each agency; and
‘‘(ii) are consistent with improving agency management of the process for the review of collections of
information established under section 3506(c); and
‘‘(B) improve information resources management in
ways that increase the productivity, efficiency and effectiveness of Federal programs, including service delivery to
the public;
‘‘(2) with selected agencies and non-Federal entities on
a voluntary basis, conduct pilot projects to test alternative
policies, practices, regulations, and procedures to fulfill the
purposes of this chapter, particularly with regard to minimizing
the Federal information collection burden; and
‘‘(3) in consultation with the Administrator of General Services, the Director of the National Institute of Standards and
Technology, the Archivist of the United States, and the Director
of the Office of Personnel Management, develop and maintain
a Governmentwide strategic plan for information resources
management, that shall include—
‘‘(A) a description of the objectives and the means
by which the Federal Government shall apply information
resources to improve agency and program performance;
‘‘(B) plans for—

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109 STAT. 171

‘‘(i) reducing information burdens on the public,
including reducing such burdens through the elimination of duplication and meeting shared data needs
with shared resources;
‘‘(ii) enhancing public access to and dissemination
of, information, using electronic and other formats;
and
‘‘(iii) meeting the information technology needs of
the Federal Government in accordance with the purposes of this chapter; and
‘‘(C) a description of progress in applying information
resources management to improve agency performance and
the accomplishment of missions.
‘‘(b) For purposes of any pilot project conducted under subsection (a)(2), the Director may, after consultation with the agency
head, waive the application of any administrative directive issued
by an agency with which the project is conducted, including any
directive requiring a collection of information, after giving timely
notice to the public and the Congress regarding the need for such
waiver.
‘‘§ 3506. Federal agency responsibilities
‘‘(a)(1) The head of each agency shall be responsible for—
‘‘(A) carrying out the agency’s information resources
management activities to improve agency productivity, efficiency, and effectiveness; and
‘‘(B) complying with the requirements of this chapter and
related policies established by the Director.
‘‘(2)(A) Except as provided under subparagraph (B), the head
of each agency shall designate a senior official who shall report
directly to such agency head to carry out the responsibilities of
the agency under this chapter.
‘‘(B) The Secretary of the Department of Defense and the Secretary of each military department may each designate senior officials who shall report directly to such Secretary to carry out the
responsibilities of the department under this chapter. If more than
one official is designated, the respective duties of the officials shall
be clearly delineated.
‘‘(3) The senior official designated under paragraph (2) shall
head an office responsible for ensuring agency compliance with
and prompt, efficient, and effective implementation of the information policies and information resources management responsibilities
established under this chapter, including the reduction of information collection burdens on the public. The senior official and employees of such office shall be selected with special attention to the
professional qualifications required to administer the functions
described under this chapter.
‘‘(4) Each agency program official shall be responsible and
accountable for information resources assigned to and supporting
the programs under such official. In consultation with the senior
official designated under paragraph (2) and the agency Chief Financial Officer (or comparable official), each agency program official
shall define program information needs and develop strategies,
systems, and capabilities to meet those needs.
‘‘(b) With respect to general information resources management,
each agency shall—
‘‘(1) manage information resources to—

Reports.

Reports.

109 STAT. 172

PUBLIC LAW 104–13—MAY 22, 1995
‘‘(A) reduce information collection burdens on the public;

‘‘(B) increase program efficiency and effectiveness; and
‘‘(C) improve the integrity, quality, and utility of
information to all users within and outside the agency,
including capabilities for ensuring dissemination of public
information, public access to government information, and
protections for privacy and security;
‘‘(2) in accordance with guidance by the Director, develop
and maintain a strategic information resources management
plan that shall describe how information resources management
activities help accomplish agency missions;
‘‘(3) develop and maintain an ongoing process to—
‘‘(A) ensure that information resources management
operations and decisions are integrated with organizational
planning, budget, financial management, human resources
management, and program decisions;
‘‘(B) in cooperation with the agency Chief Financial
Officer (or comparable official), develop a full and accurate
accounting of information technology expenditures, related
expenses, and results; and
‘‘(C) establish goals for improving information
resources management’s contribution to program productivity, efficiency, and effectiveness, methods for measuring
progress towards those goals, and clear roles and responsibilities for achieving those goals;
‘‘(4) in consultation with the Director, the Administrator
of General Services, and the Archivist of the United States,
maintain a current and complete inventory of the agency’s
information resources, including directories necessary to fulfill
the requirements of section 3511 of this chapter; and
‘‘(5) in consultation with the Director and the Director
of the Office of Personnel Management, conduct formal training
programs to educate agency program and management officials
about information resources management.
‘‘(c) With respect to the collection of information and the control
of paperwork, each agency shall—
‘‘(1) establish a process within the office headed by the
official designated under subsection (a), that is sufficiently
independent of program responsibility to evaluate fairly
whether proposed collections of information should be approved
under this chapter, to—
‘‘(A) review each collection of information before
submission to the Director for review under this chapter,
including—
‘‘(i) an evaluation of the need for the collection
of information;
‘‘(ii) a functional description of the information
to be collected;
‘‘(iii) a plan for the collection of the information;
‘‘(iv) a specific, objectively supported estimate of
burden;
‘‘(v) a test of the collection of information through
a pilot program, if appropriate; and
‘‘(vi) a plan for the efficient and effective management and use of the information to be collected, including necessary resources;

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109 STAT. 173

‘‘(B) ensure that each information collection—
‘‘(i) is inventoried, displays a control number and,
if appropriate, an expiration date;
‘‘(ii) indicates the collection is in accordance with
the clearance requirements of section 3507; and
‘‘(iii) informs the person receiving the collection
of information of—
‘‘(I) the reasons the information is being collected;
‘‘(II) the way such information is to be used;
‘‘(III) an estimate, to the extent practicable,
of the burden of the collection;
‘‘(IV) whether responses to the collection of
information are voluntary, required to obtain a
benefit, or mandatory; and
‘‘(V) the fact that an agency may not conduct
or sponsor, and a person is not required to respond
to, a collection of information unless it displays
a valid control number; and
‘‘(C) assess the information collection burden of proposed legislation affecting the agency;
‘‘(2)(A) except as provided under subparagraph (B) or section 3507(j), provide 60-day notice in the Federal Register,
and otherwise consult with members of the public and affected
agencies concerning each proposed collection of information,
to solicit comment to—
‘‘(i) evaluate whether the proposed collection of
information is necessary for the proper performance of
the functions of the agency, including whether the information shall have practical utility;
‘‘(ii) evaluate the accuracy of the agency’s estimate
of the burden of the proposed collection of information;
‘‘(iii) enhance the quality, utility, and clarity of the
information to be collected; and
‘‘(iv) minimize the burden of the collection of information on those who are to respond, including through the
use of automated collection techniques or other forms of
information technology; and
‘‘(B) for any proposed collection of information contained
in a proposed rule (to be reviewed by the Director under section
3507(d)), provide notice and comment through the notice of
proposed rulemaking for the proposed rule and such notice
shall have the same purposes specified under subparagraph
(A) (i) through (iv); and
‘‘(3) certify (and provide a record supporting such certification, including public comments received by the agency) that
each collection of information submitted to the Director for
review under section 3507—
‘‘(A) is necessary for the proper performance of the
functions of the agency, including that the information
has practical utility;
‘‘(B) is not unnecessarily duplicative of information
otherwise reasonably accessible to the agency;
‘‘(C) reduces to the extent practicable and appropriate
the burden on persons who shall provide information to
or for the agency, including with respect to small entities,

Federal Register,
publication.

Regulations.

109 STAT. 174

Public
information.

PUBLIC LAW 104–13—MAY 22, 1995

as defined under section 601(6) of title 5, the use of such
techniques as—
‘‘(i) establishing differing compliance or reporting
requirements or timetables that take into account the
resources available to those who are to respond;
‘‘(ii) the clarification, consolidation, or simplification of compliance and reporting requirements; or
‘‘(iii) an exemption from coverage of the collection
of information, or any part thereof;
‘‘(D) is written using plain, coherent, and unambiguous
terminology and is understandable to those who are to
respond;
‘‘(E) is to be implemented in ways consistent and
compatible, to the maximum extent practicable, with the
existing reporting and recordkeeping practices of those who
are to respond;
‘‘(F) indicates for each recordkeeping requirement the
length of time persons are required to maintain the records
specified;
‘‘(G) contains the statement required under paragraph
(1)(B)(iii);
‘‘(H) has been developed by an office that has planned
and allocated resources for the efficient and effective
management and use of the information to be collected,
including the processing of the information in a manner
which shall enhance, where appropriate, the utility of the
information to agencies and the public;
‘‘(I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and
‘‘(J) to the maximum extent practicable, uses information technology to reduce burden and improve data quality,
agency efficiency and responsiveness to the public.
‘‘(d) With respect to information dissemination, each agency
shall—
‘‘(1) ensure that the public has timely and equitable access
to the agency’s public information, including ensuring such
access through—
‘‘(A) encouraging a diversity of public and private
sources for information based on government public
information;
‘‘(B) in cases in which the agency provides public
information maintained in electronic format, providing
timely and equitable access to the underlying data (in
whole or in part); and
‘‘(C) agency dissemination of public information in an
efficient, effective, and economical manner;
‘‘(2) regularly solicit and consider public input on the agency’s information dissemination activities;
‘‘(3) provide adequate notice when initiating, substantially
modifying, or terminating significant information dissemination
products; and
‘‘(4) not, except where specifically authorized by statute—
‘‘(A) establish an exclusive, restricted, or other distribution arrangement that interferes with timely and equitable
availability of public information to the public;

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109 STAT. 175

‘‘(B) restrict or regulate the use, resale, or
redissemination of public information by the public;
‘‘(C) charge fees or royalties for resale or
redissemination of public information; or
‘‘(D) establish user fees for public information that
exceed the cost of dissemination.
‘‘(e) With respect to statistical policy and coordination, each
agency shall—
‘‘(1) ensure the relevance, accuracy, timeliness, integrity,
and objectivity of information collected or created for statistical
purposes;
‘‘(2) inform respondents fully and accurately about the sponsors, purposes, and uses of statistical surveys and studies;
‘‘(3) protect respondents’ privacy and ensure that disclosure
policies fully honor pledges of confidentiality;
‘‘(4) observe Federal standards and practices for data collection, analysis, documentation, sharing, and dissemination of
information;
‘‘(5) ensure the timely publication of the results of statistical
surveys and studies, including information about the quality
and limitations of the surveys and studies; and
‘‘(6) make data available to statistical agencies and readily
accessible to the public.
‘‘(f) With respect to records management, each agency shall
implement and enforce applicable policies and procedures, including
requirements for archiving information maintained in electronic
format, particularly in the planning, design and operation of
information systems.
‘‘(g) With respect to privacy and security, each agency shall—
‘‘(1) implement and enforce applicable policies, procedures,
standards, and guidelines on privacy, confidentiality, security,
disclosure and sharing of information collected or maintained
by or for the agency;
‘‘(2) assume responsibility and accountability for compliance
with and coordinated management of sections 552 and 552a
of title 5, the Computer Security Act of 1987 (40 U.S.C. 759
note), and related information management laws; and
‘‘(3) consistent with the Computer Security Act of 1987
(40 U.S.C. 759 note), identify and afford security protections
commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf
of an agency.
‘‘(h) With respect to Federal information technology, each
agency shall—
‘‘(1) implement and enforce applicable Governmentwide and
agency information technology management policies, principles,
standards, and guidelines;
‘‘(2) assume responsibility and accountability for information technology investments;
‘‘(3) promote the use of information technology by the
agency to improve the productivity, efficiency, and effectiveness
of agency programs, including the reduction of information
collection burdens on the public and improved dissemination
of public information;
‘‘(4) propose changes in legislation, regulations, and agency
procedures to improve information technology practices, includ-

Records.

Privacy.
Computer
technology.

Science and
technology.

109 STAT. 176

PUBLIC LAW 104–13—MAY 22, 1995
ing changes that improve the ability of the agency to use
technology to reduce burden; and
‘‘(5) assume responsibility for maximizing the value and
assessing and managing the risks of major information systems
initiatives through a process that is—
‘‘(A) integrated with budget, financial, and program
management decisions; and
‘‘(B) used to select, control, and evaluate the results
of major information systems initiatives.

Federal Register,
publication.

‘‘§ 3507. 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
collection of information—
‘‘(1) the agency has—
‘‘(A) conducted the review established under section
3506(c)(1);
‘‘(B) evaluated the public comments received under
section 3506(c)(2);
‘‘(C) submitted to the Director the certification required
under section 3506(c)(3), the proposed collection of information, copies of pertinent statutory authority, regulations,
and other related materials as the Director may specify;
and
‘‘(D) published a notice in the Federal Register—
‘‘(i) stating that the agency has made such submission; and
‘‘(ii) setting forth—
‘‘(I) a title for the collection of information;
‘‘(II) a summary of the collection of information;
‘‘(III) a brief description of the need for the
information and the proposed use of the information;
‘‘(IV) a description of the likely respondents
and proposed frequency of response to the collection of information;
‘‘(V) an estimate of the burden that shall result
from the collection of information; and
‘‘(VI) notice that comments may be submitted
to the agency and Director;
‘‘(2) the Director has approved the proposed collection of
information or approval has been inferred, under the provisions
of this section; and
‘‘(3) the agency has obtained from the Director a control
number to be displayed upon the collection of information.
‘‘(b) The Director shall provide at least 30 days for public
comment prior to making a decision under subsection (c), (d), or
(h), except as provided under subsection (j).
‘‘(c)(1) For any proposed collection of information not contained
in a proposed rule, the Director shall notify the agency involved
of the decision to approve or disapprove the proposed collection
of information.
‘‘(2) The Director shall provide the notification under paragraph
(1), within 60 days after receipt or publication of the notice under
subsection (a)(1)(D), whichever is later.

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 177

‘‘(3) If the Director does not notify the agency of a denial
or approval within the 60-day period described under paragraph
(2)—
‘‘(A) the approval may be inferred;
‘‘(B) a control number shall be assigned without further
delay; and
‘‘(C) the agency may collect the information for not more
than 1 year.
‘‘(d)(1) For any proposed collection of information contained
in a proposed rule—
‘‘(A) as soon as practicable, but no later than the date
of publication of a notice of proposed rulemaking in the Federal
Register, each agency shall forward to the Director a copy
of any proposed rule which contains a collection of information
and any information requested by the Director necessary to
make the determination required under this subsection; and
‘‘(B) within 60 days after the notice of proposed rulemaking
is published in the Federal Register, the Director may file
public comments pursuant to the standards set forth in section
3508 on the collection of information contained in the proposed
rule;
‘‘(2) When a final rule is published in the Federal Register,
the agency shall explain—
‘‘(A) how any collection of information contained in the
final rule responds to the comments, if any, filed by the Director
or the public; or
‘‘(B) the reasons such comments were rejected.
‘‘(3) If the Director has received notice and failed to comment
on an agency rule within 60 days after the notice of proposed
rulemaking, the Director may not disapprove any collection of
information specifically contained in an agency rule.
‘‘(4) No provision in this section shall be construed to prevent
the Director, in the Director’s discretion—
‘‘(A) from disapproving any collection of information which
was not specifically required by an agency rule;
‘‘(B) from disapproving any collection of information contained in an agency rule, if the agency failed to comply with
the requirements of paragraph (1) of this subsection;
‘‘(C) from disapproving any collection of information contained in a final agency rule, if the Director finds within 60
days after the publication of the final rule that the agency’s
response to the Director’s comments filed under paragraph
(2) of this subsection was unreasonable; or
‘‘(D) from disapproving any collection of information contained in a final rule, if—
‘‘(i) the Director determines that the agency has
substantially modified in the final rule the collection of
information contained in the proposed rule; and
‘‘(ii) the agency has not given the Director the information required under paragraph (1) with respect to the modified collection of information, at least 60 days before the
issuance of the final rule.
‘‘(5) This subsection shall apply only when an agency publishes
a notice of proposed rulemaking and requests public comments.
‘‘(6) The decision by the Director to approve or not act upon
a collection of information contained in an agency rule shall not
be subject to judicial review.

Proposed rule.

Federal Register,
publication.

Regulations.
Federal Register,
publication.

109 STAT. 178

Federal Register,
publication.

PUBLIC LAW 104–13—MAY 22, 1995

‘‘(e)(1) Any decision by the Director under subsection (c), (d),
(h), or (j) to disapprove a collection of information, or to instruct
the agency to make substantive or material change to a collection
of information, shall be publicly available and include an explanation of the reasons for such decision.
‘‘(2) Any written communication between the Administrator
of the Office of Information and Regulatory Affairs, or any employee
of the Office of Information and Regulatory Affairs, and an agency
or person not employed by the Federal Government concerning
a proposed collection of information shall be made available to
the public.
‘‘(3) This subsection shall not require the disclosure of—
‘‘(A) any information which is protected at all times by
procedures established for information which has been specifically authorized under criteria established by an Executive
order or an Act of Congress to be kept secret in the interest
of national defense or foreign policy; or
‘‘(B) any communication relating to a collection of information which is not approved under this chapter, the disclosure
of which could lead to retaliation or discrimination against
the communicator.
‘‘(f)(1) An independent regulatory agency which is administered
by 2 or more members of a commission, board, or similar body,
may by majority vote void—
‘‘(A) any disapproval by the Director, in whole or in part,
of a proposed collection of information of that agency; or
‘‘(B) an exercise of authority under subsection (d) of section
3507 concerning that agency.
‘‘(2) The agency shall certify each vote to void such disapproval
or exercise to the Director, and explain the reasons for such vote.
The Director shall without further delay assign a control number
to such collection of information, and such vote to void the disapproval or exercise shall be valid for a period of 3 years.
‘‘(g) The Director may not approve a collection of information
for a period in excess of 3 years.
‘‘(h)(1) If an agency decides to seek extension of the Director’s
approval granted for a currently approved collection of information,
the agency shall—
‘‘(A) conduct the review established under section 3506(c),
including the seeking of comment from the public on the continued need for, and burden imposed by the collection of information; and
‘‘(B) after having made a reasonable effort to seek public
comment, but no later than 60 days before the expiration date
of the control number assigned by the Director for the currently
approved collection of information, submit the collection of
information for review and approval under this section, which
shall include an explanation of how the agency has used the
information that it has collected.
‘‘(2) If under the provisions of this section, the Director disapproves a collection of information contained in an existing rule,
or recommends or instructs the agency to make a substantive
or material change to a collection of information contained in an
existing rule, the Director shall—
‘‘(A) publish an explanation thereof in the Federal Register;
and

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 179

‘‘(B) instruct the agency to undertake a rulemaking within
a reasonable time limited to consideration of changes to the
collection of information contained in the rule and thereafter
to submit the collection of information for approval or disapproval under this chapter.
‘‘(3) An agency may not make a substantive or material modification to a collection of information after such collection has been
approved by the Director, unless the modification has been submitted to the Director for review and approval under this chapter.
‘‘(i)(1) If the Director finds that a senior official of an agency
designated under section 3506(a) is sufficiently independent of program responsibility to evaluate fairly whether proposed collections
of information should be approved and has sufficient resources
to carry out this responsibility effectively, the Director may, by
rule in accordance with the notice and comment provisions of chapter 5 of title 5, United States Code, delegate to such official the
authority to approve proposed collections of information in specific
program areas, for specific purposes, or for all agency purposes.
‘‘(2) A delegation by the Director under this section shall not
preclude the Director from reviewing individual collections of
information if the Director determines that circumstances warrant
such a review. The Director shall retain authority to revoke such
delegations, both in general and with regard to any specific matter.
In acting for the Director, any official to whom approval authority
has been delegated under this section shall comply fully with the
rules and regulations promulgated by the Director.
‘‘(j)(1) The agency head may request the Director to authorize
a collection of information, if an agency head determines that—
‘‘(A) a collection of information—
‘‘(i) is needed prior to the expiration of time periods
established under this chapter; and
‘‘(ii) is essential to the mission of the agency; and
‘‘(B) the agency cannot reasonably comply with the provisions of this chapter because—
‘‘(i) public harm is reasonably likely to result if normal
clearance procedures are followed;
‘‘(ii) an unanticipated event has occurred; or
‘‘(iii) the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court
ordered deadline to be missed.
‘‘(2) The Director shall approve or disapprove any such
authorization request within the time requested by the agency
head and, if approved, shall assign the collection of information
a control number. Any collection of information conducted under
this subsection may be conducted without compliance with the
provisions of this chapter for a maximum of 90 days after the
date on which the Director received the request to authorize such
collection.
‘‘§ 3508. Determination of necessity for information; hearing
‘‘Before approving a proposed collection of information, the
Director shall determine whether the collection of information by
the agency is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical utility. Before making a determination the Director may give
the agency and other interested persons an opportunity to be heard

109 STAT. 180

PUBLIC LAW 104–13—MAY 22, 1995

or to submit statements in writing. To the extent, if any, that
the Director determines that the collection of information by an
agency is unnecessary for any reason, the agency may not engage
in the collection of information.
‘‘§ 3509. Designation of central collection agency
‘‘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 applicable law. In such cases the
Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated
and of the agencies for which it is to act as agent (including
reimbursement for costs). While the designation is in effect, an
agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agency
to obtain. The Director may modify the designation from time
to time as circumstances require. The authority to designate under
this section is subject to the provisions of section 3507(f) of this
chapter.
‘‘§ 3510. 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 by a collection of information if the disclosure
is not inconsistent with applicable law.
‘‘(b)(1) If information obtained by an agency is released by
that agency to another agency, all the provisions of law (including
penalties) that relate to the unlawful disclosure of information
apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as
the provisions apply to the officers and employees of the agency
which originally obtained the information.
‘‘(2) The officers and employees of the agency to which the
information is released, in addition, shall be subject to the same
provisions of law, including penalties, relating to the unlawful
disclosure of information as if the information had been collected
directly by that agency.

Establishment.

‘‘§ 3511. Establishment and operation of Government Information Locator Service
‘‘(a) In order to assist agencies and the public in locating
information and to promote information sharing and equitable
access by the public, the Director shall—
‘‘(1) cause to be established and maintained a distributed
agency-based electronic Government Information Locator Service (hereafter in this section referred to as the ‘Service’), which
shall identify the major information systems, holdings, and
dissemination products of each agency;
‘‘(2) require each agency to establish and maintain an
agency information locator service as a component of, and to
support the establishment and operation of the Service;
‘‘(3) in cooperation with the Archivist of the United States,
the Administrator of General Services, the Public Printer, and
the Librarian of Congress, establish an interagency committee

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 181

to advise the Secretary of Commerce on the development of
technical standards for the Service to ensure compatibility,
promote information sharing, and uniform access by the public;
‘‘(4) consider public access and other user needs in the
establishment and operation of the Service;
‘‘(5) ensure the security and integrity of the Service, including measures to ensure that only information which is intended
to be disclosed to the public is disclosed through the Service;
and
‘‘(6) periodically review the development and effectiveness
of the Service and make recommendations for improvement,
including other mechanisms for improving public access to Federal agency public information.
‘‘(b) This section shall not apply to operational files as defined
by the Central Intelligence Agency Information Act (50 U.S.C. 431
et seq.).
‘‘§ 3512. Public protection
‘‘(a) Notwithstanding any other provision of law, no person
shall be subject to any penalty for failing to comply with a collection
of information that is subject to this chapter if—
‘‘(1) the collection of information does not display a valid
control number assigned by the Director in accordance with
this chapter; or
‘‘(2) the agency fails to inform the person who is to respond
to the collection of information that such person is not required
to respond to the collection of information unless it displays
a valid control number.
‘‘(b) The protection provided by this section may be raised
in the form of a complete defense, bar, or otherwise at any time
during the agency administrative process or judicial action
applicable thereto.
‘‘§ 3513. Director review of agency activities; reporting;
agency response
‘‘(a) In consultation with the Administrator of General Services,
the Archivist of the United States, the Director of the National
Institute of Standards and Technology, and the Director of the
Office of Personnel Management, the Director shall periodically
review selected agency information resources management activities
to ascertain the efficiency and effectiveness of such activities to
improve agency performance and the accomplishment of agency
missions.
‘‘(b) Each agency having an activity reviewed under subsection
(a) shall, within 60 days after receipt of a report on the review,
provide a written plan to the Director describing steps (including
milestones) to—
‘‘(1) be taken to address information resources management
problems identified in the report; and
‘‘(2) improve agency performance and the accomplishment
of agency missions.
‘‘§ 3514. Responsiveness to Congress
‘‘(a)(1) The Director shall—
‘‘(A) keep the Congress and congressional committees fully
and currently informed of the major activities under this chapter; and

109 STAT. 182
Reports.

PUBLIC LAW 104–13—MAY 22, 1995

‘‘(B) submit a report on such activities to the President
of the Senate and the Speaker of the House of Representatives
annually and at such other times as the Director determines
necessary.
‘‘(2) The Director shall include in any such report a description
of the extent to which agencies have—
‘‘(A) reduced information collection burdens on the public,
including—
‘‘(i) a summary of accomplishments and planned initiatives to reduce collection of information burdens;
‘‘(ii) a list of all violations of this chapter and of any
rules, guidelines, policies, and procedures issued pursuant
to this chapter;
‘‘(iii) a list of any increase in the collection of information burden, including the authority for each such collection; and
‘‘(iv) a list of agencies that in the preceding year did
not reduce information collection burdens in accordance
with section 3505(a)(1), a list of the programs and statutory
responsibilities of those agencies that precluded that reduction, and recommendations to assist those agencies to
reduce information collection burdens in accordance with
that section;
‘‘(B) improved the quality and utility of statistical information;
‘‘(C) improved public access to Government information;
and
‘‘(D) improved program performance and the accomplishment of agency missions through information resources
management.
‘‘(b) The preparation of any report required by this section
shall be based on performance results reported by the agencies
and shall not increase the collection of information burden on
persons outside the Federal Government.
‘‘§ 3515. 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.
‘‘§ 3516. Rules and regulations
‘‘The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this chapter.
‘‘§ 3517. Consultation with other agencies and the public
‘‘(a) In developing information resources management policies,
plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide interested
agencies and persons early and meaningful opportunity to comment.
‘‘(b) Any person may request the Director to review any collection of information conducted by or for an agency to determine,
if, under this chapter, a person shall maintain, provide, or disclose
the information to or for the agency. Unless the request is frivolous,
the Director shall, in coordination with the agency responsible
for the collection of information—

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 183

‘‘(1) respond to the request within 60 days after receiving
the request, unless such period is extended by the Director
to a specified date and the person making the request is given
notice of such extension; and
‘‘(2) take appropriate remedial action, if necessary.
‘‘§ 3518. Effect on existing laws and regulations
‘‘(a) Except as otherwise provided in this chapter, the authority
of an agency under any other law to prescribe policies, rules, regulations, and procedures for Federal information resources management activities is subject to the authority of the Director under
this chapter.
‘‘(b) 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 Reorganization
Plan No. 1 of 1977 (as amended) and Executive order, relating
to telecommunications and information policy, procurement and
management of telecommunications and information systems, spectrum use, and related matters.
‘‘(c)(1) Except as provided in paragraph (2), this chapter shall
not apply to the collection of information—
‘‘(A) during the conduct of a Federal criminal investigation
or prosecution, or during the disposition of a particular criminal
matter;
‘‘(B) during the conduct of—
‘‘(i) a civil action to which the United States or any
official or agency thereof is a party; or
‘‘(ii) an administrative action or investigation involving
an agency against specific individuals or entities;
‘‘(C) by compulsory process pursuant to the Antitrust Civil
Process Act and section 13 of the Federal Trade Commission
Improvements Act of 1980; or
‘‘(D) during the conduct of intelligence activities as defined
in section 3.4(e) of Executive Order No. 12333, issued December
4, 1981, or successor orders, or during the conduct of cryptologic
activities that are communications security activities.
‘‘(2) This 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 individuals or entities such as a class of licensees
or an entire industry.
‘‘(d) Nothing in this chapter shall be interpreted as increasing
or decreasing the authority conferred by Public Law 89–306 on
the Administrator of the General Services Administration, the Secretary of Commerce, or the Director of the Office of Management
and Budget.
‘‘(e) Nothing in this chapter shall be interpreted as increasing
or decreasing the authority of the President, the Office of Management and Budget or the Director thereof, under the laws of the
United States, with respect to the substantive policies and programs
of departments, agencies and offices, including the substantive
authority of any Federal agency to enforce the civil rights laws.
‘‘§ 3519. Access to information
‘‘Under the conditions and procedures prescribed in section
716 of title 31, the Director and personnel in the Office of Informa-

109 STAT. 184

PUBLIC LAW 104–13—MAY 22, 1995

tion and Regulatory Affairs shall furnish such information as the
Comptroller General may require for the discharge of the responsibilities of the Comptroller General. For the purpose of obtaining
such information, the Comptroller General or representatives
thereof shall have access to all books, documents, papers and
records, regardless of form or format, of the Office.
‘‘§ 3520. Authorization of appropriations
‘‘There are authorized to be appropriated to the Office of
Information and Regulatory Affairs to carry out the provisions
of this chapter, and for no other purpose, $8,000,000 for each
of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.’’.
SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL
REPORT PROGRAM AT BUREAU OF THE CENSUS.

Section 91 of title 13, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d)(1) The Secretary shall not select an organization or entity
for participation in a survey, if—
‘‘(A) the organization or entity—
‘‘(i) has assets of less than $50,000,000;
‘‘(ii) completed participation in a prior survey in the
preceding 10-year period, as determined by the Secretary;
and
‘‘(iii) was selected for that prior survey participation
after September 30, 1990; or
‘‘(B) the organization or entity—
‘‘(i) has assets of more than $50,000,000 and less than
$100,000,000;
‘‘(ii) completed participation in a prior survey in the
preceding 2-year period, as determined by the Secretary;
and
‘‘(iii) was selected for that prior survey participation
after September 30, 1995.
‘‘(2)(A) The Secretary shall furnish advice and similar assistance to ease the burden of a small business concern which is
attempting to compile and furnish the business information required
of organizations and entities participating in the survey.
‘‘(B) To facilitate the provision of the assistance under subparagraph (A), the Secretary shall establish a toll-free telephone number.
‘‘(C) The Secretary shall expand the use of statistical sampling
techniques to select organizations and entities having assets less
than $100,000,000 to participate in the survey.
‘‘(3) The Secretary may undertake such additional paperwork
burden reduction initiatives with respect to the conduct of the
survey as may be deemed appropriate by the Secretary.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘small business concern’ means a business
concern that meets the requirements of section 3(a) of the
Small Business Act and the regulations promulgated pursuant
thereto.
‘‘(B) The term ‘survey’ means the collection of information
by the Secretary pursuant to this section for the purpose of
preparing the publication entitled ‘Quarterly Financial Report
for Manufacturing, Mining, and Trade Corporations’.’’.

PUBLIC LAW 104–13—MAY 22, 1995

109 STAT. 185

SEC. 4. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section,
this Act and the amendments made by this Act shall take effect
on October 1, 1995.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3520 of title
44, United States Code, as amended by this Act, shall take effect
on the date of enactment of this Act.
(c) DELAYED APPLICATION.—In the case of a collection of
information for which there is in effect on September 30, 1995,
a control number issued by the Office of Management and Budget
under chapter 35 of title 44, United States Code—
(1) the amendments made by this Act shall apply to the
collection of information beginning on the earlier of—
(A) the first renewal or modification of that collection
of information after September 30, 1995; or
(B) the expiration of its control number after September 30, 1995.
(2) prior to such renewal, modification, or expiration, the
collection of information shall be subject to chapter 35 of title
44, United States Code, as in effect on September 30, 1995.
Approved May 22, 1995.

LEGISLATIVE HISTORY—S. 244 (H.R. 830):
HOUSE REPORTS: Nos. 104–37 accompanying H.R. 830 (Comm. on Government
Reform and Oversight) and 104–99 (Comm. of Conference).
SENATE REPORTS: No. 104–8 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Feb. 22, H.R. 830 considered and passed House.
Mar. 6, 7, S. 244 considered and passed Senate.
Mar. 10, considered and passed House, amended.
Apr. 6, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
May 22, Presidential remarks.

Æ

44 USC 3501
note.