[House Report 104-520]
[From the U.S. Government Publishing Office]
104th Congress Rep. 104-520
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
PAPERWORK ELIMINATION ACT OF 1996
_______________________________________________________________________
April 16, 1996.--Ordered to be printed
_______
Mrs. Meyers of Kansas, from the Committee on Small Business, submitted
the following
R E P O R T
[To accompany H.R. 2715]
[Including cost estimate of the Congressional Budget Office]
The Committee on Small Business, to whom was referred the
bill (H.R. 2715) to amend chapter 35 of title 44, United States
Code, popularly known as the Paperwork Reduction Act, to
minimize the burden of Federal paperwork demands upon small
businesses, educational and nonprofit institutions, Federal
contractors, State and local governments, and other persons
through the sponsorship and use of alternative information
technologies, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Elimination Act of 1996''.
SEC. 2. PURPOSES.
The purpose of this Act is to--
(1) minimize the burden of Federal paperwork demands upon
small businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and other
persons through the sponsorship and use of alternative
information technologies, including the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper; and
(2) more effectively enable Federal agencies to achieve the
purposes of chapter 35 of title 44, United States Code,
popularly known as the ``Paperwork Reduction Act''.
SEC. 3. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.
(a) Direction and Oversight of Information Technology.--Section
3504(a)(1)(B)(vi) of title 44, United States Code, is amended to read
as follows:
``(vi) the acquisition and use of information
technology, including the use of alternative
information technologies, such as the use of electronic
submission, maintenance, or disclosure of information
to substitute for paper.''.
(b) Promotion of Use of Electronic Information Technology.--Section
3504(h) of title 44, United States Code, is amended by striking ``and''
after the semicolon at the end of paragraph (4), by striking the period
at the end of paragraph (5) and inserting ``; and'', and by adding at
the end the following:
``(6) specifically promote the optional use of electronic
maintenance, submission, or disclosure of information where
appropriate, as an alternative information technology to
substitute for paper.''.
SEC. 4. ASSIGNMENT OF TASKS AND DEADLINES.
Section 3505(a)(3) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and inserting ``;
and'', and by adding at the end the following:
``(D) a description of progress in providing for the
use of electronic submission, maintenance, or
disclosure of information to substitute for paper,
including the extent to which such progress
accomplishes reduction of burden on small businesses or
other persons.''.
SEC. 5. FEDERAL AGENCY RESPONSIBILITIES.
(a) Providing for Use of Electronic Information Management.--Section
3506(c)(1)(B) of title 44, United States Code, is amended by striking
``and'' after the semicolon at the end of clause (ii) and by adding at
the end the following:
``(iv) provides for the optional use, where
appropriate, of electronic maintenance,
submission, or disclosure of information;
and''.
(b) Promotion of Electronic Information Management.--Section
3506(c)(3)(C) of title 44, United States Code, is amended by striking
``or'' after the semicolon at the end of clause (ii), by adding ``or''
after the semicolon at the end of clause (iii), and by adding at the
end the following:
``(iv) the promotion and optional use, where
appropriate, of electronic maintenance,
submission, or disclosure of information.''.
(c) Use of Alternative Information Technologies.--Section
3506(c)(3)(J) of title 44, United States Code, is amended to read as
follows:
``(J) to the maximum extent practicable, uses
alternative information technologies, including the use
of electronic maintenance, submission, or disclosure of
information, to reduce burden and improve data quality,
agency efficiency and responsiveness to the public.''.
SEC. 6. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION TO
DIRECTOR; APPROVAL AND DELEGATION.
Section 3507(a)(1)(D)(ii) of title 44, United States Code, is amended
by striking ``and'' after the semicolon at the end of subclause (V), by
adding ``and'' after the semicolon at the end of subclause (VI), and by
adding at the end the following:
``(VII) a description of how
respondents may, if appropriate,
electronically maintain, submit, or
disclose information under the
collection of information.''.
SEC. 7. RESPONSIVENESS TO CONGRESS.
Section 3514(a)(2) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting ``;
and'', and by adding at the end the following:
``(E) reduced the collection of information burden on small
businesses and other persons through the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper maintenance, submission, or disclosure of
information, including--
``(i) a description of instances where such
substitution has added to burden; and
``(ii) specific identification of such instances
relating to the Internal Revenue Service.''.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect October 1, 1997.
Purpose
The purpose of the Paperwork Elimination Act of 1996 is to
minimize the burden of Federal paperwork demands upon small
businesses, educational and nonprofit institutions, Federal
contractors, State and local governments, and other persons
through the use of alternative information technologies,
including the use of electronic maintenance, submission, or
disclosure of information to substitute for paper, and to more
effectively enable federal agencies to achieve the purposes
expressed in Chapter 35, Title 44, otherwise known as the
``Paperwork Reduction Act''.
Summary
In brief, the Paperwork Elimination Act is intended to do
the following:
A. Direct Federal agencies to provide the option of
electronic submission of information, electronic
compliance with regulatory information needs, and
electronic disclosure of information to all who respond
to federal information needs.
Section 2 stresses the intention of this legislation
to advance the use of alternative information
technologies and, in doing so, decrease the burden of
paperwork demands by the Federal government. The
intended beneficiaries of this legislation are small
businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and
others. Small businesses, who face a disproportionate
burden in complying with Federal regulations, are
especially targeted.
B. Direct the Director of the Office of Management
and Budget (OMB) to oversee the implementation of the
optional use of electronic submission, maintenance, and
disclosure. The Director is to monitor and report on
the progress of Federal agencies and how regulatory
burdens on small businesses and others have been
reduced as a result of using new information
technologies.
Section 3(a) describes the responsibility of the
Director of OMB to oversee the acquisition and use of
information technology. This section compels the
Director to consider alternative information
technologies when working with agencies to develop
strategy to reduce paperwork burdens.
Section 3(b) directs the Director of OMB to promote
the use of electronic submission, maintenance, and
disclosure as an option for entities complying with the
regulations of Federal agencies. The provision
complements and is added to Sec. 3504(h) of the
Paperwork Reduction Act, which outlines the Director's
obligations to advance the use of information
technology.
C. Clarify and strengthen provisions within current
law requiring agencies to utilize ``information
technology'' by specifying that small business and
other public persons with access to computers and
modems should be enabled to use them when dealing with
the Federal government.
Section 5(a) requires the Federal agencies, when it
is appropriate, to provide respondents with the option
of maintaining, submitting, or disclosing information
electronically when complying with Federal regulations.
Section 5(b) states that each agency must certify and
report on the extent to which it has considered and
relieved the burden of paperwork, particularly on small
business and individuals, by enabling the optional use
of electronic maintenance, submission, or disclosure of
information.
Section 5(c) amends Sec. 3506(c)(3)(J) of the
Paperwork Reduction Act to specify that, when
certifying and reporting on information technologies
used to collect information, Federal agencies must also
consider the ability of respondents to electronically
maintain, submit and disclose information.
Need for Legislation
As part of continuing efforts to enable the Federal
government to take advantage of the Information Age, the
Committee recognized the need to encourage and monitor the
progress of Federal agencies in their efforts to utilize new
``information technology'' to reduce the public costs of
meeting the Federal Governments' information needs. Moreover, a
specific need is to enable those small businesses, taxpayers,
and others with access to computers and modems to use them when
dealing with the Federal government.
Witnesses before the Small Business Committee have
estimated that the American public expends an amount of time
and effort which approximates 510 billion dollars, or some 9
percent of the Gross Domestic Product of 1992, in order to meet
the Federal Governments' information needs. Small business
bears a disproportionate share of that cost.
The Federal Government is lagging behind the rest of the
nation in using new technology. Individuals can now send and
receive mail, accomplish their banking transactions, and even
read a newspaper from a personal computer. Individuals should
also be able to conduct much of their business with the
government by computer as well. The legislation is needed to
seize the opportunity the Information Age and new information
technologies present to reduce the huge cumulative burden of
meeting the Federal Governments' information demands.
Clearly the need exists to promote and monitor efforts to
minimize the burden of Federal paperwork demands upon small
businesses, educational and nonprofit institutions, Federal
contractors, State and local governments, and other persons
through the use of alternative information technologies,
including the use of electronic maintenance, submission, or
disclosure of information to substitute for paper.
Congressional oversight activities will be enhanced by
requiring reporting on the progress of agencies and how
regulatory burdens have been reduced.
The Government Programs Subcommittee held hearings in March
of 1996 and a number of witnesses stressed the need for this
legislation. All the witnesses went into great detail regarding
the potential for significant cost savings through the
implementation information management systems which allow small
business and the public to use electronic technology.
These savings would be complemented by increased
productivity in the workplace due to the reduction in time
spent on paperwork submission and update. Mr. Marvin Beriss of
MB Associates, Inc., an expert in database and information
technology, stated that the intelligent electronic form saves
time by automatically populating fields on the same form that
require the same information, such as the name, social security
number, etc. Additionally, if such forms are used as part of a
Form Set comprised of multiple forms, the common information
can be automatically propagated to all the forms in the set.
This technology has the potential to save significant time
spent filling in the forms while at the same time insuring
consistency and efficiency. It makes for a more efficient
process.
``The Paperwork Elimination Act'' amends Chapter 35, Title
44, The Paperwork Reduction Act of 1995 by requiring all
Federal agencies provide the option of electronic submission of
information, electronic compliance with regulations, and
electronic disclosure of information to all who must comply
with Federal regulations. Furthermore, Federal agencies would
be prohibited from collecting information until they have first
published a notice in the Federal Register detailing how the
information may be maintained, submitted, or disclosed
electronically. The Director of the Office of Management and
Budget [OMB] would be required to oversee the implementation of
electronic submission, compliance, and disclosure and to
monitor and report on the progress of Federal agencies and how
regulatory burdens on small businesses have been reduced.
``The Paperwork Elimination Act'' amends and complements
The Paperwork Reduction Act of 1995, which has resulted in
reducing regulatory burdens. The Elimination Act strengthens
the generic statute. It clarifies provisions within the law
requiring agencies to consider and utilize ``information
technology'' by specifying that those small businesses and
public persons with access to computers and modems should have
the option to use them when dealing with the Federal
government.
The Elimination Act emphasizes that opportunities for the
public to use electronic technologies for data submission
should be optional. The Act will in no way hinder the ability
of small businesses and individuals without access to computers
and modems to comply with Federal paperwork requirements. The
Act merely requires Federal agencies to consider and provide
the option to those who wish and are able to use the
technology.
Committee Action
H.R. 2715, the Paperwork Elimination Act, was introduced on
December 5, 1995, by Government Programs Subcommittee Chairman
Peter G. Torkildsen, for himself, Congresswomen Meyers and
Smith, Congressmen Talent, Manzullo, Zeliff, Ewing, Jones,
LoBiondo, Bartlett, Meehan, Chrysler, Metcalf, and Ramstad.
After introduction, the bill was referred to both the
Committee on Government Reform and Oversight, and the Committee
on Small Business. On March 27, 1996, Chairman Torkildsen held
a hearing on H.R. 2715 to consider all of the bill's
provisions.
Witnesses at the March 27, 1996 hearing included: The
Honorable Sally Katzen, Administrator, Office of Information
and Regulatory Affairs (OIRA), Office of Management and Budget;
The Honorable Jere Glover, Chief Counsel, U.S. Small Business
Administration, Office of Advocacy; Ms. Monika Harrison,
Associate Administrator, Office of Business Initiatives, U.S.
Small Business Administration; Mr. Pedro Alfonso, President,
Dynamic Concepts Inc., testifying on behalf of National Small
Business United; Mr. Marvin Beriss, President, MB Associates
Inc.; and Melvin Gerald, M.D., testifying on behalf of the
American Academy of Family Physicians.
At the hearing, OIRA Administrator Katzen testified, ``As
we read this bill, it makes very clear Congress' expectation
that agencies are to do everything they can to provide
opportunities for, and indeed promote the use of, electronic
maintenance, submission, or disclosure of information''.
She further stated that, ``* * * in signing the 1995 PRA,
President Clinton specifically recognized the concerns now
reflected in H.R.2715; `* * * from this point forward, I want
all of our agencies to provide for the electronic submission of
every new government form or demonstrate to OMB why it cannot
be done that way. The old way will still be available, but I
think once people see how fast and efficient electronic filing
can be, we'll see less paperwork and more of these' ''.
Ms. Katzen proceeded to testify to the regulations issued
by OMB on August 29 of 1995, implementing the 1995 PRA. As part
of those regulations, OMB explicitly included provisions
directed at this Congressional and Presidential interest in
having agencies expand the opportunities for the public to
submit information electronically. Ms. Katzen suggested an
amendment to Section 5(a) of the bill which was later adopted
by the Committee and added to the bill.
Another witness, Chief Counsel for Advocacy, Jere Glover,
testified that ``it is clear that the innovations can lead to
significant cost savings by eliminating paper copies and the
need for expensive file storage. To the extent that the current
legislative proposal, H.R. 2715, clarifies Congressional intent
behind the Paperwork Reduction Act of 1995, by requiring
agencies to permit the `Optional' electronic filing of reports,
the Office of Advocacy believes it can benefit small business--
at least those with electronic capability.''
Small business witnesses testified favorably on the cost
and time savings that would result from the implementation of
this legislation.
A preliminary estimate from the Congressional Budget Office
[CBO] reports that, ``H.R. 2715 would not significantly
increase costs to the Federal government.'' CBO goes on to say
that the technology already exists to allow Federal agencies to
comply with the Act and that the administrative cost of
directing and overseeing the initiative would not be
significant. Also, as confirmed by CBO, the bill contains no
mandates, as defined in Public Law 104-4.
After taking into consideration the testimony of the
witnesses at the March 27, 1996 hearing and the comments from
the Congressional Budget Office on H.R. 2715, the Committee on
Small Business held a mark-up of H.R. 2715 on March 29, 1996.
By voice vote, and a requisite quorum of the Committee members
present, the full Committee voted to report H.R. 2715, as
amended, favorably to the full House.
After reviewing the legislation and a detailed legislative
history created by the Small Business Committee, including the
CBO findings, Chairman Clinger, on behalf of the Committee on
Government Reform and Oversight, waived that Committee's
jurisdiction over this legislation.
Section-by-Section Analysis
Section 1. Short Title
This legislation is entitled the ``Paperwork Elimination
Act of 1996.''
Section 2. Purposes
Section 2 stresses the intention of this legislation to
advance the use of alternative information technologies and, in
so doing, decrease the burden of paperwork demands by the
Federal government. The intended beneficiaries of this
legislation are small businesses, educational and nonprofit
institutions, Federal contractors, State and local governments,
and others. Of particular importance are the small businesses
who face a disproportionate burden in complying with Federal
regulations. Alternative technologies suggested to substitute
for paper include electronic maintenance, submission, or
disclosure of information. The Paperwork Elimination Act of
1995 intends to assist Federal agencies fulfill the purposes
and goals of the Paperwork Reduction Act.
Section 3. Authority and Functions of the Director of the Office of
Management and Budget
Subsection (a)
The authority and responsibility of the Director of the
Office of Management and Budget [OMB] to ``provide direction
and oversee the acquisition and use of information technology''
is described. This subsection compels the Director to consider
alternative information technologies, when developing strategy
to reduce paperwork burdens.
Subsection (b)
The Director of OMB is required to promote the use of
electronic submission, maintenance, and disclosure of
information as an option for entities complying with the
regulatory information needs of Federal agencies. The provision
is added to Sec. 3504(h) of the Paperwork Reduction Act (44
U.S.C. 35) which outlines the Director's obligations to advance
the use of information technology.
Section 4. Assignment of Tasks and Deadlines
This section adds to the requirement that requires the
Director of OMB, in consultation with the General Services
Administration [GSA], National Institute of Standards and
Technology [NIST], National Archives and Records Administration
[NARA], and Office of Personnel Management [OPM], provide a
progress report on the status and success of efforts to advance
information resources management. This report must include the
extent to which the paperwork burden on small businesses and
individuals has been relieved as a result of the use of
electronic submission, maintenance, or disclosure of
information to substitute for paper on small business and other
persons.
Section 5. Federal Agency Responsibilities
Subsection (a)
Federal agencies are required, when it is appropriate, to
provide respondents with the option of maintaining, submitting,
or disclosing information electronically when complying with
Federal regulations.
Subsection (b)
Each Federal agency must certify and report on the extent
to which it has relieved the burden of paperwork, particularly
on small business and individuals, by allowing the maintenance,
submission, and disclosure of information electronically.
Subsection (c)
Sec. 3506(c)(3)(J) of the Paperwork Reduction Act is
amended to specify that, when certifying and reporting on
alternative technologies used to collect information, Federal
agencies must also consider the ability of respondents to
electronically maintain, submit and disclose information. The
intent is to reduce burden, improve data quality, and make
agencies more efficient and responsive.
Section 6. Public Information Collection Activities; Submission to
Director; Approval and Delegation
Section 6 prohibits agencies from collecting information
until they have first published a notice in the Federal
Register describing how the information may, if appropriate, be
electronically maintained, submitted, or disclosed by a
respondent.
Section 7. Response to Congress
When responding to Congress annually or at other times, the
Director of OMB must report on how the collection of
information by electronic means has affected regulatory burdens
on small businesses and other persons. This report must
specifically include any instances in which the maintenance,
submission, or disclosure of information electronically, as
opposed to with paper, increased regulatory burden. It should
also specifically identify instances referring to the
information required from small businesses by the Internal
Revenue Service [IRS].
Section 8. Effective Date
The provisions of this bill shall take effect on October 1,
1997.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 15, 1995.
Hon. Jan Meyers,
Chairman, Committee on Small Business,
House of Representatives, Washington, DC.
Dear Madam Chair: The Congressional Budget Office has
reviewed H.R. 2715, the Paperwork Elimination Act of 1995, as
ordered reported by the House Committee on Small Business on
March 29, 1996. CBO estimates that H.R. 2715 would not
significantly affect spending by the federal government.
Because the bill would not affect spending or receipts, pay-as-
you-go procedures would not apply.
H.R. 2715 would build on the Paperwork Reduction Act of
1995, which was signed into law on May 22, 1995 (Public Law
104-13). Specifically, the bill would encourage the use of
electronic information technology by federal agencies as a way
of reducing the burden on individuals and businesses that
disclose information to or contract with the federal
government. In addition, the bill would designate the Office of
Management and Budget (OMB) as the agency responsible for
promoting and monitoring the use of these technologies.
The bill, however, would not require agencies to acquire
and implement new information technologies, and the authority
to use these technologies already exists. Consequently, we
estimate that H.R. 2715 would not significantly increase costs
to the federal government. Implementing H.R. 2715 would
increase administrative costs at OMB to direct and oversee
government-wide activities involving the use of alternative
information technologies; we estimate that such additional
costs would not be significant.
H.R. 2715 contains no intergovernmental or private sector
mandates, as defined in Public Law 104-4, and would have no
direct budgetary impact on state, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
----------
House of Representatives,
Committee on Government Reform and Oversight,
Washington, DC, April 3, 1996.
Hon. Jan Meyers,
Chairman, Committee on Small Business,
Washington, DC.
Dear Chairman Meyers: This letter responds to your request
that the Committee on Government Reform and Oversight waive its
primary jurisdiction over H.R. 2715, the Paperwork Elimination
Act of 1995, as introduced on December 5, 1995. After reviewing
this legislation and the detailed legislative history created
by your Committee, I have agreed to waive this Committee's
jurisdiction over this legislation.
H.R. 2715 would build on the Paperwork Reduction Act of
1995, which was signed into law on May 22, 1995 (Public Law
104-13). Specifically, the bill would encourage the use of
electronic information technology by federal agencies as a way
of reducing the burden on individuals and businesses that
disclose information to or contract with the federal
government. In addition, the bill would designate the Office of
Management and Budget as the agency responsible for promoting
and monitoring the use of these technologies.
As you know, House Rule X, Establishment and jurisdiction
of standing committees, grants the Government Reform and
Oversight Committee with jurisdiction over ``Federal paperwork
reduction.'' Our wavier of H.R. 2715 is not designed to limit
our jurisdiction over any future consideration of Federal
paperwork reduction legislation.
Thank you for your hard work in this area.
Sincerely,
William F. Clinger, Jr., Chairman.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the House of
Representatives, the committee estimates that H.R. 2715 will
have no inflationary impact on prices and costs in the
operation of the national economy.
Oversight Findings
In accordance with clause (l)(3)(D) of rule XI of the House
of Representatives, the Committee states that no oversight
findings or recommendations have been made by the Committee on
Government Reform and Oversight with respect to the subject
matter contained in H.R. 2715.
In accordance with clause 2(l)(3)(A) of rule XI and clause
2(b)(1) of rule X of the House of Representatives, the
oversight findings and recommendations of the committee on
Small Business with respect to the subject matter contained in
H.R. 2715 are incorporated into the descriptive portions of
this report.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
* * * * * * *
Sec. 3504. Authority and functions of Director
(a)(1) The Director shall oversee the use of information
resources to improve the efficiency and effectiveness of
governmental operations to serve agency missions, including
burden reduction and service delivery to the public. In
performing such oversight, the Director shall--
(A) develop, coordinate and oversee the
implementation of Federal information resources
management policies, principles, standards, and
guidelines; and
(B) provide direction and oversee--
(i) * * *
* * * * * * *
[(vi) the acquisition and use of information
technology.]
(vi) the acquisition and use of information
technology, including the use of alternative
information technologies, such as the use of
electronic submission, maintenance, or
disclosure of information to substitute for
paper.
* * * * * * *
(h) With respect to Federal information technology, the
Director shall--
(1) * * *
* * * * * * *
(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[.]; and
(6) specifically promote the optional use of
electronic maintenance, submission, or disclosure of
information where appropriate, as an alternative
information technology to substitute for paper.
Sec. 3505. Assignment of tasks and deadlines
(a) In carrying out the functions under this chapter, the
Director shall--
(1) * * *
* * * * * * *
(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) * * *
(B) plans for--
(i) reducing information burdens on
the public, including reducing such
burdens through the elimination of
duplication and meeting shared data
needs with shared resources;
(ii) enhancing public access to and
dissemination of, information, using
electronic and other formats; and
(iii) meeting the information
technology needs of the Federal
Government in accordance with the
purposes of this chapter; [and]
(C) a description of progress in applying
information resources management to improve
agency performance and the accomplishment of
missions[.]; and
(D) a description of progress in providing
for the use of electronic submission,
maintenance, or disclosure of information to
substitute for paper, including the extent to
which such progress accomplishes reduction of
burden on small businesses or other persons.
* * * * * * *
Sec. 3506. Federal agency responsibilities
(a) * * *
* * * * * * *
(c) With respect to the collection of information and the
control of paperwork, each agency shall--
(1) establish a process within the office headed by
the Chief Information Officer designated under
subsection (a), that is sufficiently independent of
program responsibility to evaluate fairly whether
proposed collections of information should be approved
under this chapter, to--
(A) * * *
(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]
* * * * * * *
(iv) provides for the optional use,
where appropriate, of electronic
maintenance, submission, or disclosure
of information; 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) * * *
* * * * * * *
(C) reduces to the extent practicable and
appropriate the burden on persons who shall
provide information to or for the agency,
including with respect to small entities, as
defined under section 601(6) of title 5, the
use of such techniques as--
(i) establishing differing compliance
or reporting requirements or timetables
that take into account the resources
available to those who are to respond;
(ii) the clarification,
consolidation, or simplification of
compliance and reporting requirements;
[or]
(iii) an exemption from coverage of
the collection of information, or any
part thereof; or
(iv) the promotion and optional use,
where appropriate, of electronic
maintenance, submission, or disclosure
of information.
* * * * * * *
[(J) to the maximum extent practicable, uses
information technology to reduce burden and
improve data quality, agency efficiency and
responsiveness to the public.]
(J) to the maximum extent practicable, uses
alternative information technologies, including
the use of electronic maintenance, submission,
or disclosure of information, to reduce burden
and improve data quality, agency efficiency and
responsiveness to the public.
* * * * * * *
Sec. 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) * * *
* * * * * * *
(D) published a notice in the Federal
Register--
(i) stating that the agency has made
such submission; and
(ii) setting forth--
(I) * * *
* * * * * * *
(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; and
(VII) a description of how
respondents may, if
appropriate, electronically
maintain, submit, or disclose
information under the
collection of information.
* * * * * * *
Sec. 3514. Responsiveness to Congress
(a)(1) * * *
(2) The Director shall include in any such report a
description of the extent to which agencies have--
(A) * * *
* * * * * * *
(C) improved public access to Government information;
[and]
(D) improved program performance and the
accomplishment of agency missions through information
resources management[.]; and
(E) reduced the collection of information burden on
small businesses and other persons through the use of
electronic maintenance, submission, or disclosure of
information to substitute for paper maintenance,
submission, or disclosure of information, including--
(i) a description of instances where such
substitution has added to burden; and
(ii) specific identification of such
instances relating to the Internal Revenue
Service.
* * * * * * *