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106th Congress                                            Rept. 106-11,
  1st Session           HOUSE OF REPRESENTATIVES              Part 1   

=======================================================================



 
                   PAPERWORK ELIMINATION ACT OF 1999

                                _______
                                

                February 8, 1999.--Ordered to be printed

                                _______


    Mr. Talent, from the Committee on Small Business, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 439]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Small Business, to whom was referred the 
bill (H.R. 439) 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, report favorably 
thereon without amendment and recommend that the bill do pass.

                                Purpose

    The purpose of the ``Paperwork Elimination Act of 1999'' is 
to minimize the burdens 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 submission, maintenance, or 
disclosure of information as a substitute for paper, or to more 
effectively enable Federal agencies to achieve the purposes 
expressed in Chapter 35 of Title 44, United States Code, 
otherwise known as the ``Paperwork Reduction Act''.

                                Summary

    In brief, the Paperwork Elimination Act of 1999 is intended 
to accomplish the following:
    First, it specifically requires the Director of the Office 
of Management and Budget (OMB) to promote the acquisition and 
use of electronic transmission of information as a substitute 
for paper when small businesses and individuals are required to 
comply with the information needs of the Federal government.
    Second, the Paperwork Reduction Act requires the Director 
of OMB to maintain a government-wide strategic plans for 
information resources management. Section 3 of H.R. 439 
requires the Director of OMB to include in this plan a 
description of progress in providing for the acquisition and 
use of alternative technologies that provide for electronic 
submission, maintenance, or disclosure of information. This 
report is also to include the extent to which the paperwork 
burden on small businesses and individuals has been reduced as 
a result of the use of electronic transmission of information.
    Third, it clearly states what Federal agencies are required 
to do. Section 4(a) requires each Federal agency to provide the 
option of electronically transmitting information when 
complying with their regulations and other information needs. 
Section 4(b) requires each Federal agency to certify to the 
Director of OMB that each collection of information it 
undertakes has provided, when appropriate, the optional use of 
electronic transmission of information as a way to reduce, to 
the extent practicable, paperwork burdens, particularly 
paperwork burdens on small entities. Section 4(c) requires each 
Federal agency to certify to the Director of OMB that, to the 
maximum extent practicable, it has used alternative information 
technologies to reduce burden, improve data quality, agency 
efficiency, and responsiveness to the public.
    Fourth, it prohibits each Federal agency from collecting 
information until it has first published a notice in the 
Federal Register describing how respondents may, if they 
choose, submit the required information electronically.
    Finally, it requires the Director of OMB, when reporting to 
Congress, to include a report on how paperwork burdens on small 
businesses and other persons have been reduced by using 
electronic submission, maintenance, or disclosure of 
information as a substitute for paper. Furthermore, it requires 
this report to describe any instances where the use of 
electronic transmission of information has added to paperwork 
burdens, and specific identifications of instances relating to 
the Internal Revenue Service.

                          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 cost of meeting 
the Federal government's information needs. Moreover, a 
specific need exists to allow 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 equal to 510 billion dollars, or some 9 percent of 
the Gross Domestic Product in 1992, in order to meet the 
Federal government's information needs. Small businesses bear 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 personal banking transactions, 
and even read a newspaper from a personal computer or phone. 
Individuals should be able to conduct much of their business 
with the government electronically as well. Legislation is 
needed to seize the opportunity which the Information Age and 
new information technologies have presented to reduce the huge 
cumulative burden of meeting the Federal government's 
information demands.
    Clearly, the need exists to promote and monitor efforts to 
minimize the burdens 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 submission, maintenance, or 
disclosure of information as a substitute for paper. 
Congressional oversight activities will be enhanced by 
requiring reporting on the progress of agencies and how 
regulatory burdens have been reduced.
    During the 104th Congress, the Government Programs 
Subcommittee held hearings in which a number of witnesses 
stressed the need for this legislation. Witnesses went into 
great detail regarding the potential for significant cost 
savings through the implementation of information management 
systems which allow small businesses 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 submissions and updates. Mr. MarvinBeriss of 
MB Associates, Inc., an expert in database information technology, 
stated during a hearing in the 104th Congress that intelligent 
electronic forms save time by automatically populating fields on the 
same form that require the same information, such as 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 integrated onto all the forms in the set. This technology 
has the potential to save significant time that would otherwise be 
spent filling in forms, while concurrently insuring consistency and 
efficiency.
    Congress took an important first step towards using this 
technology last year when it included in the Omnibus 
Appropriations Act of 1998 (P.L. 105-277) legislation sponsored 
by Senator Spencer Abraham which requires the development of 
procedures for the use and acceptance of electronic signatures 
by Executive agencies of the U.S. Government. This legislation 
was of particular importance to the Committee on Small Business 
because it included one provision that had been part of the 
previous versions of the Paperwork Elimination Act that the 
Committee considered in the 104th and 105th Congresses. This 
particular provision gave the authority to the Director of OMB 
to provide direction and oversee the acquisition and use of 
alternative technologies that provide for the electronic 
submission, maintenance, or disclosure of information as a 
substitute for paper. The Paperwork Elimination Act of 1999 
(H.R. 439) complements this legislation by clarifying the 
authority and responsibilities of the Director of OMB, as well 
as placing specific requirements on Federal agencies.
    The Paperwork Elimination Act of 1999 amends chapter 35, 
Title 44, United States Code, otherwise known as the Paperwork 
Reduction Act of 1995, by requiring all Federal agencies to 
provide the option of electronic submission of information, 
electronic compliance with regulations, and electronic 
disclosure of information to all who must comply with Federal 
information demands. 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 OMB would be required to 
oversee the implementation of electronic submission, 
compliance, and disclosure of information. The Director of OMB 
would also be required to monitor and report on the progress of 
Federal agencies in meeting these requirements, as well as how 
regulatory burdens on small businesses have been reduced.
    The Paperwork Elimination Act of 1999 amends and 
complements the Paperwork Reduction Act of 1995, which has 
resulted in reduced regulatory burdens. The Paperwork 
Elimination Act of 1999 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 Paperwork Elimination Act of 1999 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 technogy.

                            Committee Action

    During the 104th Congress, 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 Torkildesn 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, Office of Advocacy, 
U.S. Small Business Administration; 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 it 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 
Paperwork Reduction Act, President Clinton specificaly 
recognized the concerns now recognized 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 
to 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.' ''
    Administrator Katzen proceeded to testify about the 
regulations issued by OMB on August 29, 1995, implementing the 
Paperwork Reduction Act of 1995. 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 ``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) reported that ``H.R. 2715 would not significantly 
increase costs to the Federal government.'' CBO went on to say 
that the technology already existed 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 contained 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 
CBO on H.R. 2715, the Committee on Small Business held a mark-
up of H.R. 2715 on March 29, 1996. By voice vote, with 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.
    On April 24, 1996, H.R. 2715, as reported, was considered 
on the House floor under an open rule. The legislation passed 
the House by a vote of 418 to 0. The legislation was 
subsequently discharged from the Senate Committee on 
Governmental Affairs and sent to the desk for action. 
Unfortunately, the Senate ran out of time at the end of the 
session before it could act on this measure.
    During the 105th Congress, H.R. 852, the Paperwork 
Elimination Act of 1997, was introduced on February 26, 1997 by 
Committee on Small Business Chairman James M. Talent. After 
introduction, the bill was referred to both the Committee on 
Government Reform and Oversight and the Committee on Small 
Business.
    A preliminary estimate from the CBO stated that H.R. 852 
would not significantly increase costs to the Federal 
government. The CBO also stated that the technology to allow 
Federal agencies to comply with the Act already existed and 
that the administrative costs would not be significant. The CBO 
also confirmed that H.R. 852 contained no mandates, as defined 
in Public Law 104-4.
    In light of the fact that H.R. 852 was virtually identical 
to H.R. 2715, and after taking into account the extensive 
legislative history of H.R. 2715 developed in the 104th 
Congress, the Chairman of the Committee on Small Business, in 
consultation with the Committee's Ranking Minority Member, 
decided to move forward with the Committee's consideration of 
H.R. 852 without any further hearings.
    On March 6, 1997, the Committee on Small Business held a 
mark-up of H.R. 852. By voice vote, with a requisite quorum of 
the Committee members present, the full Committee voted to 
report H.R. 852 favorably to the full House.
    After reviewing the legislation and the accompanying CBO 
findings with the Chairman of the National Economic Growth, 
Natural Resources, and Regulatory Affairs Subcommittee, 
Chairman Dan Burton, on behalf of the Committee on Government 
Reform and Oversight, waived that Committee's jurisdiction over 
the legislation. He stated, however, that the waiver of 
jurisdiction with respect to H.R. 852 would not limit the 
jurisdiction of the Government Reform and Oversight Committee 
on any future consideration of Federal paperwork reduction 
legislation.
    On March 13, 1997, H.R. 852, as reported, was considered on 
the House floor under an open rule. The legislation passed the 
House by a vote of 395-0. The legislation was subsequently 
referred to the Senate Committee on Governmental Affairs. 
Unfortunately, the Senate failed to act on the measure, other 
than what was included in the Omnibus Appropriations Act, 
before the end of the session.
    H.R. 439, the Paperwork Elimination Act of 1999, was 
introduced on February 2, 1999 by the Chairman of the Committee 
on Small Business, James M. Talent, for himself and 
Representatives Velazqueze, Kelly, Pascrell, Sweeney, and 
Schakowsky. After introduction, the bill was referred to both 
the Committee on Government Reform and the Committee on Small 
Business.
    In light of the fact that H.R. 439 is virtually identical 
to both H.R. 2715 and H.R. 852, and after taking into account 
the extensive legislative history of these bills in previous 
Congresses, the Chairman of the Committee on Small Business, in 
consultation with the Committee's Ranking Minority Member, 
decided to move forward with the Committee's consideration of 
H.R. 439 without any further hearings.
    On February 3, 1999, the Committee on Small Business held a 
mark-up of H.R. 439. During debate of the legislation, Mr. 
Davis inquired whether the bill provided financial assistance 
to help small business owners who do not currently have the 
equipment or technical expertise needed to submit information 
electronically. While the legislation does not authorize any 
financial assistance, Chairman Talent indicated that the 
Committee would explore ways in which Federal agencies may be 
able to provide this support. Mr. Bartlett recommended that 
Federal agencies, to the extent that they are able to, should 
provide technical assistance to those small business owners who 
are in need ofit. At the conclusion of debate, with a requisite 
quorum of the Committee members present, the full Committee voted by 
voice vote to report H.R. 439 favorably to the full House.
    After reviewing the legislation and the accompanying CBO 
findings with Rep. David McIntosh, Chairman of the National 
Economic Growth, Natural Resources, and Regulatory Affairs 
Subcommittee, Chairman Dan Burton, on behalf of the Committee 
on Government Reform, waived that Committee's jurisdiction of 
H.R. 439. That waiver, however, would not limit the 
jurisdiction of the Government Reform Committee on any future 
consideration of Federal paperwork reduction legislation.

                      Section-by-Section Analysis

                         section 1. short title

    This legislation is entitled the ``Paperwork Elimination 
Act of 1999''.

    section 2. promotion of use of electronic information technology

    The Director of the Office of Management and Budget (OMB) 
is required to promote the acquisition and use of electronic 
submission, maintenance, or disclosure of information as a 
substitute for paper as an option for entities complying with 
the regulatory information needs of Federal agencies. This 
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 3. assignment of tasks and deadlines

    Sec. 3505(a)(3) of the Paperwork Reduction Act 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), to develop 
and maintain a government-wide strategic plan for information 
resources management. This provision amends sec. 3505(a)(3) by 
inserting the requirement to include in this plan a progress 
report on 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 as a substitute for paper.

               section 4. federal agency responsibilities

Subsection (a)

    This provision amends sec. 3506(c)(1)(B) of the Paperwork 
Reduction Act to require each Federal agency, when it is 
appropriate, to provide respondents with the option of 
submitting, maintaining, or disclosing information 
electronically when complying with Federal regulations.

Subsection (b)

    This provision amends sec. 3506(c)(3)(C) of the Paperwork 
Reduction Act to require each Federal agency to certify to the 
Director of OMB each collection of information that it 
undertakes has reduced to the extent practicable the burden of 
paperwork on small businesses and individuals by allowing for 
the optional submission, maintenance, or disclosure of 
information electronically.

Subsection (c)

    This provision amends sec. 3506(c)(3)(J) of the Paperwork 
Reduction Act to require each Federal Agency to certify to the 
Director of OMB that, to the extent practicable, it used 
alternative information technologies to reduce burden, improve 
data quality, and make agencies more efficient and responsive 
to the public.

  section 5. public information collection activities; submission to 
                   director; approval and delegation

    This provision amends sec. 3507(a)(1)(D)(ii) of the 
Paperwork Reduction Act to prohibit Federal agencies from 
collecting information until they have first published a notice 
in the Federal Register describing how the information may, if 
appropriate, be electronically submitted, maintained, or 
disclosed by a respondent.

                 section 6. responsiveness to congress

    This provision amends sec. 3514(a)(2) of the Paperwork 
Reduction Act to require the Director of OMB, when responding 
to Congress annually or at other times, to 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 instance in which the 
electronic maintenance, submission, or disclosure of 
information has added to the regulatory burden on small 
business. It should also specifically identify instances 
referring to the information required from small businesses by 
the Internal Revenue Service.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 4, 1999.
Hon. James M. Talent,
Chairman, Committee on Small Business,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 439, the Paperwork 
Elimination Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                              ------ ------
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 439--Paperwork Elimination Act of 1999

    CBO estimates that enacting this bill would not 
significantly increase costs to the federal government. Because 
the bill would not affect direct spending or receipts, pay-as-
you-go procedures would not apply. H.R. 439 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 439 would build on the Paperwork Reduction Act of 
1995. Specifically, the bill would encourage federal agencies 
to use electronic information technologies to reduce 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. OMB would incur 
administrative costs to direct and oversee government-wide 
activities involving the use of alternative information 
technologies; we estimate that such additional costs would not 
be significant. Consequently, we estimate that H.R. 439 would 
not significantly increase costs to the federal government.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2)(A) of rule XIII of the Rules of 
the House of Representatives, the Committee estimates that 
implementation of H.R. 439 will not significantly increase 
administrative costs. The Committee feels that implementation 
of H.R. 439 may actually decrease administrative costs. This 
concurs with the estimate of the Congressional Budget Office.

         Waiver of Jurisdiction by Government Reform Committee

                          House of Representatives,
              Committee on Government Reform and Oversight,
                                  Washington, DC, February 4, 1999.
Hon. James Talent,
Chairman, Committee on Small Business,
Rayburn House Office Building, Washington, DC.
    Dear Chairman Talent: This letter responds to your request 
that the Committee on Government Reform waive its primary 
jurisdiction over H.R. 439, as introduced on February 2, 1999. 
After reviewing this legislation, I have agreed to waive the 
jurisdiction of the Committee on Government Reform.
    H.R. 439 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, Organization of Committees, 
grants the Government Reform and Oversight Committee with 
jurisdiction over ``Federal paperwork reduction.'' The waiver 
of H.R. 439 is not designed to limit our jurisdiction over any 
future consideration of Federal paperwork reduction 
legislation.
    Thank you for your dedication and hard work on this issue. 
I look forward to working with you on this and other issues 
throughout the 106th Congress.
            Sincerely,
                                              Dan Burton, Chairman.

                           Oversight Findings

    In accordance with clause 4(c)(2) of rule X of the Rules of 
the House of Representatives, the Committee states that no 
oversight findings or recommendations have been made by the 
Committee on Government Reform with respect to the subject 
matter contained in H.R. 439.
    In accordance with clause 2(b)(1) of rule X of the Rules 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. 439 are incorporated 
into the descriptive portions of this report.

                 Statement of Constitutional Authority

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8, clause 18, of the 
Constitution of the United States.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(g) 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 italic, existing law in which no change is 
proposed is shown in roman):

               CHAPTER 35 OF TITLE 44, UNITED STATES CODE

CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

           *       *       *       *       *       *       *


Sec. 3504. Authority and functions of Director

  (a) * * *

           *       *       *       *       *       *       *

  (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 acquisition and use of 
        alternative information technologies that provide for 
        electronic submission, maintenance, or disclosure of 
        information as a substitute for paper and for the use 
        and acceptance of electronic signatures.

           *       *       *       *       *       *       *


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) 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--
                          (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 acquisition and use of alternative 
                information technologies that provide for 
                electronic submission, maintenance, or 
                disclosure of information as a substitute for 
                paper and for the use and acceptance of 
                electronic signatures, 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 to persons required to 
                        submit information the option to use, 
                        where appropriate, electronic 
                        submission, maintenance, 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 
                        submission, maintenance, or disclosure 
                        of information.

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                  [(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 
                information technology, including alternative 
                information technologies, that provide for 
                electronic submission, maintenance, or 
                disclosure of information, to reduce burden and 
                improve data quality, agency efficiency, and 
                responsiveness to the public.

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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) * * *

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                  (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; and
                                  (VII) a description of how 
                                respondents may, if 
                                appropriate, electronically 
                                submit, maintain, or disclose 
                                information under the 
                                collection of information.

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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) * * *

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          (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 submission, maintenance, or disclosure of 
        information as a substitute for the use of paper, 
        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.

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