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United States · Bill · S

S. 1742 (101st)

Federal Information Resources Management Act

openUnited States· United States Congress· EN

Introduced

6 October 1989

Last action

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 901.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Federal Information Resources Management Act of 1989 - Sets forth congressional findings with respect to Federal information policy. Title I: Information Resources Management of Federal Departments and Agencies - Sets forth purposes and definitions with respect to the coordination of Federal information policy. Grants the Administrator of the Office of Information and Regulatory Affairs (OIRA) direct authority to administer the functions of that Office including those functions currently administered by the Director of the Office of Management and Budget (OMB), who retains overall responsibility for OIRA activities. Requires the Administrator to be appointed with attention to the professional credentials required to administer the functions of OIRA. Creates a separate budget line item for OIRA within the budget of OMB submitted by the President to the Congress in each fiscal year. Directs the Administrator to: (1) ensure that the Office shall give balanced emphasis to its functions and that the development of information policies shall be coordinated with agencies with shared information management responsibilities; (2) coordinate the development and implementation of information policy through the establishment of interagency working groups; (3) ensure the development of formalized training programs on information resources management concepts by appropriate entities for Government-wide use; and (4) educate Office employees on such concepts. Authorizes the Administrator to initiate and conduct projects with selected agencies to test or demonstrate the feasibility and value of changes or innovations in Federal law to improve information practices and related activities. Requires the Administrator to inform the President and the Congress of the findings and progress of such projects and activities. Requires Federal agencies to cooperate with such projects and activities. Revises provisions concerning paperwork control functions of the Administrator that relate to the reduction of the burdens of Federal information collection requests to no longer require the setting of goals for such reduction but to instead require the promoting of such a reduction, with particular emphasis on those persons most heavily burdened, especially in the areas of Federal procurement and grant programs. Repeals provisions relating to overseeing action on the recommendations of the Commission on Federal Paperwork. Requires coordination with the Office of Federal Procurement Policy to address paperwork burdens associated with procurement and acquisition as a paperwork control function of the Administrator. Establishes new functions for OIRA with respect to statistical policy, privacy, and information dissemination, which are: (1) coordinating and providing leadership for development of the Federal statistical system; (2) ensuring the integrity, objectivity, impartiality, and confidentiality of such system; (3) developing a summary and analysis of the budget submitted by the President to the Congress for each fiscal year of the allocations for all statistical activities; (4) promoting the timely release of statistical data to the public; (5) coordinating U.S. participation in international statistical activities; (6) preparing an annual report to the Congress on statistical policy and coordination functions; (7) overseeing the development by Federal agencies of new information systems containing personal information to ensure compliance with information privacy laws; (8) reviewing agency compliance with such laws for reports to specified congressional committees; (9) recommending to the President the submission of legislative proposals to remove inconsistencies in such laws; (10) developing policy guidelines to enable Federal agencies to fulfill information dissemination functions and activities; (11) promoting policy research and development in the area of information dissemination as a basis for developing effective guidance for program and policy development in the Federal agencies; (12) establishing procedures for systematic oversight to ensure that such guidance is carried out; and (13) coordinating the identification of priorities for developing uniform technical standards. Requires the National Institute of Standards and Technology to issue such standards and OMB to encourage their use through its policy guidelines and assistance and to monitor their effectiveness. Requires such guidance to: (1) strengthen public access to Government information, regardless of format, consistent with existing law; (2) maintain an affirmative role for Federal agencies in the dissemination of such information; (3) reflect a view that a public and private sector sharing of responsibility for information dissemination is sound public policy; (4) reflect that agency heads have primary responsibility for management of such information resources; and (5) require an agency, in determining how to fulfill its public information dissemination functions, to consider certain criteria with respect to such dissemination. Directs the Administrator to establish an interagency working group on statistical policy headed by a chief statistician to coordinate agency activities in carrying out such policy and coordination functions, consisting of the heads of agencies with major statistical programs. Requires the Administrator to: (1) set a goal to reduce the Government paperwork burden by at least five percent by September 30, 1990, and by at least five percent for FY 1990 and 1991; and (2) identify initiatives to reduce the burden of Federal collections of information associated with individuals, businesses, educational institutions, and State and local governments, particularly with respect to the burden associated with Federal procurement and grant programs. Directs senior agency officials designated by Federal agency heads to carry out agency responsibilities with respect to information policy coordination to appoint a Chief Information Resources Management official well qualified to assist in agency information needs assessments and in the deployment of appropriate technological tools to gather, process, use, and disseminate information that is critical to successful accomplishment of program goals and agency mission. Directs Federal agencies to: (1) establish an agency-wide program of information resources management; (2) develop, implement, and evaluate formalized training programs on such management concepts, and educate program officials about such management; (3) develop information systems, processes, and procedures that enhance the sharing of common data across program and agency lines consistent with law and maximize the usefulness and timely release of Government information to all users within and outside the agency; (4) systematically inventory and maintain current, complete records of the agency's information resources for use in developing and updating the agency's information resources management plans and for informing relevant public outside the agency; (5) establish and maintain an information dissemination management system; (6) periodically evaluate and, as needed, improve the timeliness of data and records contained within Federal information systems and the capabilities of such systems for ensuring public access to public information and privacy, confidentiality, and security; and (7) develop and annually update the agency's information resources management plan in accordance with OIRA guidelines, a component of which shall be a five-year plan for meeting the information requirements and the information technology needs of agency programs and activities. Directs Federal agency heads to establish and maintain a public file for each agency activity under review by OIRA which shall include certain information with respect to the activity. Repeals provisions directing such heads to establish procedures to ensure agency compliance with the Federal Information Locator System. Directs Federal agency heads or such senior agency officials to establish a process to review such information before its submission to the Administrator under which such senior officials shall certify that: (1) the information is necessary for performance of agency functions without being duplicative of other information accessible to the agency and has practical utility; (2) any related instructions are understandable to those who are to respond and explain the need and use of such information and the importance of an accurate and timely response; and (3) the agency has taken necessary steps to minimize the burden on respondents and to plan and allocate resources for information management. Revises current provisions regarding public information collection activities to establish a self-certification process for currently approved information collection requests to be certified for a three-year period by Federal agencies for submission to the Administrator. Revises provisions establishing the Federal Information Locator System to direct the Administrator to: (1) maintain such System; (2) designate one or more Federal agencies to operate such System; (3) ensure that only public information is included in such System; (4) determine the optimal composition of such System in order to accomplish its purposes; (5) report to specified congressional committees on the development and implementation status of the System; and (6) review the effectiveness of such System on an ongoing basis. Requires such System to serve as a comprehensive inventory, as well as the authoritative register, of all information collection requests by the Federal Government and to assist agencies and the public in locating Government information. Includes records maintained on individuals and information collection requirements approved by the Administrator among the data profiles required from Federal agency heads for inclusion in such System. Directs the Administrator, on an ongoing basis, to: (1) review agency audit standards and requirements for all major information systems and assign responsibility for conducting certain Government-wide or multiagency audits; (2) establish and review a schedule and a management control system to ensure that practices and programs of information handling disciplines are properly integrated with the information policies mandated by this Act; (3) identify initiatives to improve productivity in Federal operations using information processing technology; (4) develop and review a program to enforce Federal information processing standards at all Federal installations and revitalize the standards development program established under the Federal Property and Administrative Services Act of 1949; and (5) develop and revise annually a five-year plan for information resources management with plans for managing information from collection through dissemination and disposition and meeting automatic data processing equipment needs of the Federal Government. Requires the Administrator to include in any report to the Congress: (1) a summary of the results of selective reviews of agency activities; and (2) reports with respect to the Privacy Act of 1974 and matching programs when required by provisions relating to records maintained on individuals. Directs the Administrator to report to specified congressional committees on: (1) the Federal demonstration project in federally sponsored research; (2) the progress of initiatives to improve productivity in Federal operations using information processing technology; and (3) the results of burden reduction reviews. Directs the General Accounting Office to report to such committees on the overall effectiveness and attentiveness of OIRA and the agencies in meeting their legal responsibilities by July 1, 1991. Requires such report to include any recommendations for changes in law or administrative improvements necessary to better achieve such responsibilities. Directs the Administrator to report to the Congress on the feasibility and means of establishing a comprehensive inventory and register of all information products and services disseminated by the Government, including whether an on-line service can best accomplish public access to Government information. Directs the Administrator to establish advisory committees on information and statistical policy. Authorizes the Administrator to establish other such committees as may be apprropriate. Directs the Administrator to consult with such committees and information providers and users in developing such policies. Directs the Administrator to establish and maintain a public file for each agency activity under review which contains: (1) written materials related to any review activity which are received or provided by OIRA from or to a person who is not an OMB employee; (2) a list of all meetings with persons outside the Government relating to a review activity; (3) ongoing information about any submission from an agency; (4) changes made as a result of recommendations by OIRA in the review of an agency activity with the reasons and authority for such changes; and (5) an explanation of any decision regarding an information collection submission. Requires the Administrator to establish and maintain a public file for each agency rulemaking activity submitted to the OIRA for review for placement in that Office's public reading room. Requires such file to include: (1) draft copies of rulemaking notices; (2) copies of any proposed or final rule; (3) written materials concerning the agency rulemaking activity that are exchanged between OMB and the agency conducting such activity; and (3) a list of all meetings attended by OIRA employees with persons outside the Government relating to such activity. Requires the Administrator to place a list of such rules with their estimated length of review, along with written materials received from such persons concerning any agency rulemaking not under review, in the OIRA public reading room. Directs the Administrator to: (1) send appropriate agencies copies of all written material concerning an agency rulemaking activity under review that such office receives from persons who are not Federal employees; (2) advise such agencies on the substance of all oral communications concerning an agency rulemaking activity under review that OIRA has with such persons; and (3) invite the appropriate agency heads to all scheduled meetings with such persons concerning such an activity review. Provides that only the Administrator and Deputy Administrator of OIRA may communicate with any such person on regulations submitted to such office for review. Requires the Administrator to complete reviews of any agency regulatory activity by the earlier of: (1) 30 days after the submission of such activity to OMB by the agency in the case of a nonmajor rule and 90 days in the case of a major rule; and (2) any date established by statute or court order for completion of such activity. Provides for a 30-day extension for completion of an OIRA regulatory activity review. Authorizes appropriations to OIRA for FY 1990 and 1991 to coordinate Federal information policy. Title II: Commission on Federal Information - Establishes the Commission on Federal Information to study and investigate Federal law, policies, and practices relating to information gathering, processing, analysis, and dissemination. Requires the Commission to report to the Congress and the President by July 1, 1991, on its findings and recommendations. Directs OMB, upon submission of such report, to: (1) formulate the views of executive agencies on the Commission's recommendations; (2) carry out such recommendations in which such agencies concur; and (3) propose legislation necessary to carry out other recommendations of the Commission in which such agencies concur. Requires OMB to periodically report to the Congress and President on the status of actions under this Act and to submit a final report of such actions within two years after submission of the Commission's final report. Terminates such Commission 120 days after it submits its final report. Authorizes appropriations. Title III: Management of Public Records - Directs the Administrator to promulgate binding regulations establishing standards for interpreting the definition of records and for the establishment and maintenance of adequate and proper documentation organization, functions, policies, and essential transactions of the agency for incorporation in recordkeeping requirements to be issued by agency heads. Requires agency records management programs to comply with provisions governing records disposal. Authorizes the Archivist of the United States to inspect any record to determine if: (1) an agency is in compliance with the binding guidelines issued by the Archivist; and (2) such record has sufficient historical value to warrant continued Government preservation. Revises provisions governing inspections of agency records to: (1) no longer require the approval of the head of the agency concerned for inspections of records the use of which is restricted by law; (2) no longer require that regulations promulgated by the Administrator and the Archivist be identical; and (3) provide that regulations authorizing and restricting the examination and use of such records applicable to the head of the custodial agency or to employees of that agency are applied in the same manner to the Archivist and the Administrator and to the employees of the National Archives and Records Administration and General Services Administration, respectively. Authorizes the Archivist to examine any record on lists and schedules of records lacking historical preservation value submitted to the Archivist by Federal agency heads.

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